Information on Filing for Bankruptcy in Florida
In Florida, those who are legal residents of the state have a right to petition for debt relief through bankruptcy. Consumers normally choose Chapter 7 or Chapter 13 bankruptcy. If a Florida bankruptcy judge approves a Chapter 7 case, you are no longer legally obligated to repay debts such as credit card or medical bills. If the Florida bankruptcy judge approves a Chapter 13 case, you repay all or part of your debts over a three-to-five-year period.
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Credit Counseling Requirements
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To file bankruptcy in Florida, you must complete a federally approved credit counseling session. This session must occur no more than 180 days prior to filing a bankruptcy petition. You cannot file bankruptcy in Florida without providing evidence of completing credit counseling.
Filing Fees
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As of 2010, Florida debtors filing Chapter 7 bankruptcy could expect to pay about $300 in filing fees. Those pursuing a Chapter 13 repayment plan pay about $275 to file bankruptcy. A petitioner may file "pro se" or without an attorney. If you choose to hire a licensed Florida attorney to handle your bankruptcy, you must negotiate any legal representation fees directly with him.
In some cases, Florida bankruptcy courts may waive part or all of the filing fees for a debtor or permit payment under an installment plan.
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Excluded Debts
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Some debts cannot be included in any bankruptcy case, according to the U.S, Bankruptcy Court Middle District of Florida website. These include alimony, child support, court fines, most taxes, government-issued student loans, and debts arising from criminal activity such as drunken driving or fraud.
If you owe state, local or federal taxes, you are allowed to include them in bankruptcy only if the debts are at least three years old, according to the book "How to File for Chapter 7 Bankruptcy."
Meeting of Creditors Requirement
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If you file bankruptcy in Florida, you are required to attend a 341 "meeting of creditors," according to the U.S. Bankruptcy Court Middle District of Florida website. This meeting is usually held within 40 days of your initial bankruptcy filing. You must show photo identification and evidence of your Social Security number in order to be admitted to this meeting. In some cases, a creditor may object to your bankruptcy. However, the book "How to File for Chapter 7 Bankruptcy" notes that a creditor objection in a 341 meeting is extremely rare.
Failure to attend the 341 meeting will lead to the dismissal of your bankruptcy case, according to the U.S. Bankruptcy Court Middle District of Florida website.
Credit Reporting Time Frame
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Bankruptcy is a permanent public record accessible to any interested party, according to the U.S. Bankruptcy Court Middle District of Florida website. The fact that you filed bankruptcy will also be reflected on your credit reports. According to the credit reporting agency Experian, Chapter 7 cases are noted on credit reports for 10 years from the date of filing; Chapter 13 cases are reported for seven years from the date you filed bankruptcy.
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