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GENERAL WARNING ABOUT PROCEEDING WITHOUT AN ATTORNEY

Filing for bankruptcy may be done without an attorney. However, it is highly recommended that you retain the services of an attorney to guide you through this complex process. The bankruptcy laws are very technical and you are required to complete and sign, under penalty of perjury, various official forms. Your failure to complete these forms truthfully and timely may result in the dismissal of your case and may adversely affect any future bankruptcy filing.

Only an attorney can give you legal advice. The Bankruptcy Court Clerk’s Office staff is prohibited by law from providing legal advice and cannot aid debtors in the completion of required forms. Many typing and transcribing companies advertise as Bankruptcy Petition Preparers and for a fee they will complete your bankruptcy forms with information you provide. Bankruptcy Petition Preparers are NOT attorneys and may NOT give legal advice. Their failure to timely and accurately complete your official forms may result in the dismissal of your case and may adversely affect any future bankruptcy filing.

If you filed for bankruptcy in the past, the manner in which that case was disposed of may further complicate a new bankruptcy case. You may not be eligible to receive the protection of the automatic stay, the automatic stay may be limited or you may not be eligible to receive a discharge of debts. These are issues that warrant the advice of competent legal counsel.

Bankruptcy for a debtor has long-term financial and legal consequences. This court strongly encourages you to obtain the assistance of an attorney.

If you need help finding a bankruptcy attorney or you feel you cannot afford an attorney, please refer to The Florida Bar's website at: www.floridabar.org.

Orlando has a Bankruptcy Pro Se Assistance Clinic which is staffed by experienced bankruptcy attorney volunteers and offers free, on-site information and guidance to individuals who are representing themselves in the U.S. Bankruptcy Court. More information can be found on their website at: http://cfbla.org/pro-se-assistance-clinic/ 

EMOTIONAL SUPPORT

People talk openly about financial and economic problems, but there is little open discussion about the toll financial hardship can take on a person’s health.

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INFORMATION ABOUT THIS WEBPAGE

The information contained in this section is provided for the benefit of debtors seeking general information about the bankruptcy court or about the bankruptcy process.

While it is possible to file a bankruptcy case pro se, i.e. without the assistance of an attorney, it may be difficult to do so successfully. It is recommended that a person considering bankruptcy consult with a competent attorney prior to filing a case. Here is a link to the U.S. Courts website that contains more information on filing without an attorney: www.uscourts.gov/bankruptcycourts/prose.html

BEFORE CONTINUING, PLEASE READ THE NOTICE TO ALL DEBTORS

» BEFORE FILING A CASE

» AFTER FILING A CASE

DO YOU HAVE ANY QUESTIONS?

» PLEASE READ OUR FREQUENTLY ASKED QUESTIONS

BANKRUPTCY BASICS VIDEO

    What is bankruptcy? What happens in a bankruptcy case? Bankruptcy is a legal process that provides relief for individuals who can no longer pay all of their debts. If you are considering bankruptcy, this video will give you basic information about the process, the relief it offers, and how to find the legal help you may need.

REQUIREMENTS TO FILE A CASE

FORMS

» Official Bankruptcy Forms, Committee Notes and Instructions

» Procedural Forms and Instructions

» Change of Address

» Proof of Claim and link for filing electronically

» Proof of Service

» Request (Pro Se Debtor) to Receive Electronic Notification

» Request (Pro Se Debtor) to Stop Electronic Notification

RESOURCES

» Bankruptcy Basics Video

» Bankruptcy Resources (uscourts.gov)

» Chapter 13 Trustee

» Credit Counseling & Debtor Education Information

» Credit Counseling Agencies for the state of Florida
Providers of credit counseling and personal financial management courses are required to offer their services at no charge to persons who meet certain income limits. Some providers charge no fee at all regardless of a debtor's income. Therefore, before selecting a provider, debtors should request the fee schedule from providers approved to offer services in their state.

» Credit Counseling Frequently Asked Questions

» Debtor Education Agencies for the state of Florida

» Debtor Education Frequently Asked Questions

» Filing Fee Schedule

» Filing for Bankruptcy without an Attorney

» Financial education basics (U.S. Financial Literacy and Education Commission)

» Florida State Bar Directory

» Information to be furnished to Chapter 7 Trustee (Tampa/Fort Myers Divisions)

» IRS National Standards for Allowable Living Expenses

» Legal Assistance Program for Low-Income Parties Involved in Certain Adversary Proceedings and Contested Matters

» Means Testing Information

» Poverty Guidelines

» Providers of Personal Financial Management Instructional Courses

» Providers of Pro Bono (Free) Legal Services

» United States Trustee

REFERENCES

» Federal Rules of Bankruptcy Procedures

» Federal Rules of Civil Procedures

» General Information

» Local Rules (rules of practice/procedures)

» United States Bankruptcy Code


DISCLAIMER: The links on this web page contain information created and maintained by other public and private organizations. These links are provided for the user's convenience. The United States Bankruptcy Court for the Middle District of Florida does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information nor does it control or guarantee the on-going availability, maintenance, or security of these Internet sites. Further, the inclusion of links is not intended to reflect their importance or to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.

 

 

Legal Disclaimer: The staff of the Bankruptcy Court cannot give legal advice. Please contact an attorney to protect your rights.