Please note: Every debtor filing personal bankruptcy has the right to represent him or herself; however, the Court recommends the use of an experienced attorney. If you choose to represent yourself, please note that neither court personnel nor trustees will be able to provide any legal advice. An attorney must represent a corporation.
Prior to Filing a Bankruptcy Petition:
An individual debtor must complete a credit counseling course, from an approved credit counseling agency, prior to filing bankruptcy. A list of approved Credit Counseling Agencies can be located on the U.S. Trustee's website at www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
Administrative Order FLMB-2009-1 should be referenced when filing a chapter 11 case within the Middle District of Florida
GENERAL WARNING ABOUT PROCEEDING WITHOUT AN ATTORNEY
New Administrative Order Requiring Photo Identification by Unrepresented Parties.
Effective September 1, 2014, every unrepresented party, including debtors wishing to file a voluntary bankruptcy petition and petitioning creditors wishing to file an involuntary petition in any division of the United States Bankruptcy Court for the Middle District of Florida, must provide acceptable photo identification at the time of filing.
Click HERE to view the Administrative order.
Click HERE to the Notice regarding requirement to provide photo identification.
Document Requirements And Proper Sequence For Filing Chapter 7 Cases In The Bankruptcy Court:
All Official Bankruptcy forms are available on the United States Court's website at: http://www.uscourts.gov. Please search for the applicable form, by form number. Example: B1 or B3A.
Documents should be printed on 8 ½ X 11 inch paper.
Print documents on one side of the paper only.
The original, signed documents are to be filed with the Court.
Required documents and the proper sequence for the Chapter 11 Petition Package.
1. Voluntary Petition (3 pages) (form B1)
2. Exhibit "D" to the Voluntary Petition - Individual Debtor's Statement of Compliance with Credit Counseling (form B 1D)
3. Summary of Schedules, including Statistical Summary of Certain Liabilities and Related Data (2 pages) (form B6)
4. Schedule A - Real Property (form B 6A)
5. Schedule B - Personal Property (form B 6B)
6. Schedule C - Property Claimed as Exempt (form B 6C)
7. Schedule D - Creditors Holding Secured Claims (form B 6D)
8. Schedule E - Creditors Holding Unsecured Claims (form B 6E)
9. Schedule F - Creditors Holding Unsecured Non-priority Claims (form B 6F)
10. Schedule G - Executory Contracts and Unexpired Leases (form B 6G)
11. Schedule H - Co-debtor(s) (B 6H)
12. Schedule I - Current Income of Individual Debtor(s) (form B 6I)
13. Schedule J - Current Expenditures of Individual Debtor(s) (form B 6J)
14. Declaration Under Penalty of Perjury Concerning Debtor's Schedules (form B 6)
15. Statement of Financial Affairs - Questions 1-25 (form B 7)
16. Statement of Current Monthly Income (form B 22B)
17. Statement of Social Security Number(s) (form B 21)
18. Mailing matrix, on paper, Names and Addresses only
19. Disk containing all creditor name and addresses. Must be in Text format only. (Creditor.txt) For disk requirements refer to our website for further instructions (www.flmb.uscourts.gov - forms - Notices (matrix Filing instructions),
20. List of Creditors Holding 20 Largest Unsecured Claims (form B 4)
Other Documents that may be applicable at the time of filing a petition package:
Application to Pay Filing Fee in Installments (B 3A)
List of Equity Security Holders
Corporate Ownership Statement (Rule 7007.1)
Case Management Summary (within 3 days of filing case)
Disclosure of Compensation of Attorney for Debtor (form B 203)
Disclosure of Compensation of Bankruptcy Petition Preparer (form B280)
Declaration and Signature of Non-Attorney Petition Preparer/Notice to Debtor by Non-Attorney Petition Preparer (form B19)
Statement of Military Service (B202)
Filing Fees and Acceptable Payment Methods:
Please view the Filing Fees page for current fees or click here.
Payment must be made in the form of a money order, cashier's check (no personal checks accepted) or if filing in person, exact cash. (Please note that the Clerk's Office cannot accept foreign currency and does not provide change.).
Application to Pay Filing Fee in Installments (B 3A) - If the full filing fee cannot be paid at the time of filing the petition, an application can be filed, with the petition package, requesting the fee be paid in payments. Bankruptcy Rule 1006(b) limits the number of installments to 4 and the final payment must be made within 120 days after filing the petition. Only individual debtors may pay the filing fee in installments.
The debtor is required to also pay a fee to the United States Trustee at the conclusion of each calendar quarter. The calculation of the amount to be paid can be found in 28 U.S.C. 1930(a)(6).
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