Most debtors who file bankruptcy, and
many of their creditors, know very little about the
bankruptcy process. The following is designed to
assist the general public by providing basic answers
to some of the most commonly asked questions. For
additional information, please view the Court's General Information.
What is Bankruptcy?
Bankruptcy is a legal process which allows a person (a
"Debtor"), who owes more money than he or she can
currently repay, to either (1) repay a portion of the
money over time under Chapter 11, 12, or 13, or (2)
have the entire debt forgiven ("discharged") under
chapter 7. Under chapter 7, a Debtor may be required
to surrender assets to a trustee. Bankruptcy is also
available to businesses, corporations, and
partnerships. Even municipal governments can file
bankruptcy (under Chapter 9).
After a Debtor has filed a case (i.e., "petition"),
creditors must stop all collection efforts against the
Debtor for a period of time, unless they get
permission from the bankruptcy court to continue. This
protection from collection efforts is referred to as
the "automatic stay."
The Bankruptcy Code and Federal Rules of Bankruptcy
Procedure determine which chapter one is eligible to
file, which debts can be eliminated, how long
repayment must continue, which possessions can be
kept, etc. A Debtor must abide by these federal laws
and rules.
What is the Bankruptcy Code?
The Bankruptcy Code refers to Title 11 of the United
States Code (11 U.S.C. sections 101-1330).
What does the Clerk's Office do?
The Clerk's Office provides clerical and
administrative support to the court by processing
filed legal documents, maintaining case-related
papers, collecting authorized fees, sending notices,
entering judgments and orders on the docket, informing
parties of scheduled hearings, and handling inquires
from attorneys and the general public.
! DISCLAIMER !
While the information presented below is accurate as
of the date of publication, it should not be cited or
relied upon as legal authority. It is highly
recommended that legal advice be obtained from a
bankruptcy attorney or legal association. For filing
requirements, please refer to the United States
Bankruptcy Code (Title 11, United States Code), the
Federal Rules of Bankruptcy Procedure (Bankruptcy
Rules), and the Local Rules of the U.S. Bankruptcy
Court for the Middle District of Florida.
Frequently Asked Questions
1. What happens when a bankruptcy
petition is filed?
2. What does a case number indicate?
3. Do I need an attorney to
represent me in my bankruptcy case?
4. What is a Pro Se Debtor?
5. Where can I obtain the necessary
forms for filing bankruptcy?
6. What are the filing fees for filing
bankruptcy?
7. Can the Court waive the
bankruptcy petition filing fee?
8. Why must I pay fees by cashier's
check or money order?
9. What will happen to my case if I
filed bankruptcy before and failed to pay the entire
filing fee?
10. What Chapter is right for me?
11. What must I do before I file
my case?
12. What is the difference between
a Chapter 7, 13 & 11?
13. Where can I get more
information about bankruptcy and bankruptcy
procedures? Is there any place I can get free or
inexpensive legal advice before I file?
14. What services can a
bankruptcy petition preparer provide?
15. How is a debt classified as
secured, unsecured, priority, or administrative?
16. When do I receive a discharge
of my debts?
17. What debts are
dischargeable?
18. How do I change or correct
information in the petition, schedules, and
statements I already filed with the Clerk's Office?
19. What is a bankruptcy
discharge?
20. How do I obtain a copy of my
discharge?
21. Can a discharge be denied?
22. What is the difference
between a discharge being denied and a debt being
declared non-dischargeable?
23. How do I obtain
information about a case?
24. May I review my case file?
25. Who can I call if I have a
question about a pending case?
26. Can I view records through
the Internet?
27. How do I find out who is
the trustee assigned to a case?
28. What is the role of a
Trustee assigned in a chapter 7 or 13 case?
29. What is the function of the
U. S. Trustee?
30. What is a 341(a) meeting?
31. If I file for bankruptcy,
will it stop an eviction?
32. How long does a bankruptcy
filing remain on my credit report?
33. How do I get a bankruptcy
filing removed from my credit report?
34. What can I do if I disagree
with an order entered in a case?
35. What is an adversary
proceeding? What do I need to file when filing an
adversary proceeding with the Court?
36. What can I do if a creditor
keeps trying to collect money after I have filed
bankruptcy?
37. What should I do if I
cannot make my Chapter 13 payment?
38. My ex-spouse has filed
bankruptcy. He/she has listed me as a co-signer on a
scheduled debt. What can I do? Does my divorce
decree protect me?
39. A company has filed for
bankruptcy and owes us money. What do we do?
40. How do I access court dockets by
computer?
41. How do I get admitted to
practice before the bankruptcy court?
42. How do I get transcripts of
court hearings?
43. How do I obtain a proof of
claim form?
44. What is a reaffirmation
agreement?
45. What is a Motion?
46. How do I obtain copies or
certified copies of documents?
47. May I receive notice from
the court via electronic transmission (i.e.:
internet email)?
1. What happens when a bankruptcy petition is
filed?
The commencement of a bankruptcy case creates an
"estate." The estate technically becomes the temporary
legal owner of all of the Debtor's property. The
estate consists of all legal or equitable interests of
the Debtor in property as of the date the case is
filed, including property owned or held by another
person if the Debtor has an interest in the property.
Section 362 of the Bankruptcy Code governs the
applicability of the "automatic stay" to the facts and
circumstances of your bankruptcy case. If it applies,
it prohibits creditors from taking collection action
against the Debtor or the Debtor's property without
Bankruptcy Court approval. The Court issues a notice
of commencement advising all interested parties of the
filing of the bankruptcy case. This notice provides
the case number, trustee, date of the meeting of
creditors, deadline to file a proof of claim (if
applicable), and deadline to file an objection to the
discharge (if applicable).
More information can be obtained by clicking here: General
Information. Local libraries may also have
bankruptcy reference material. Further information
about the federal judiciary may also be found by
clicking here: United
States Courts website.
2. What does a case number indicate?
A case number indicates the office location of the
court, the year the case was filed, the type of case,
the number assigned to the case and the assigned
judge. Example: 6:12-bk-00001-KSJ, 6 indicates the
office in which the case is filed (2 - Fort Myers, 3 -
Jacksonville, 6 - Orlando, 8 - Tampa); 12 is the year
filed, bk indicates a bankruptcy case (ap indicates an
adversary proceeding); 00001 is the case number
assigned, KSJ stands for Judge Karen S.
Jennemann. For a complete list of judges
presiding over bankruptcy cases in the Middle District
of Florida click here: Bankruptcy
Judges.
3. Do I need an attorney to represent me in my
bankruptcy case?
Each Debtor filing an individual bankruptcy has a
right to represent him or herself (Pro Se Debtor);
however, the use of an attorney is recommended.
Ignorance of the law may cost an individual far more
than an attorney's fee. By law, a Corporation is
required to have an attorney. Note: Individuals who
choose to represent themselves will not be able to
obtain legal advice from court personnel or from the
trustee appointed to their case.
4. What is a Pro Se Debtor?
A Pro Se Debtor is one who files bankruptcy without an
attorney. A Pro Se Debtor is responsible for all
proceedings of his/her case. Failure to comply with
the Bankruptcy Code and Rules or with court orders may
cause dismissal of the Debtor's case. It is
recommended that all Debtors seek legal advice before
filing bankruptcy.
5. Where can I obtain the necessary forms for
filing bankruptcy?
The Court cannot supply forms. Forms are available
from office supply stores or legal stationery stores.
Forms are also available for printing by clicking
here: Official Bankruptcy forms.
6. What are the current filing fees for filing
bankruptcy?
Filing fees can be found on the Filing Fees page or by
clicking here.
7. Can the Court waive the bankruptcy petition
filing fee?
28 U.S.C. 1930(f)(1) provides that the court may waive
filing fee in a case under Chapter 7 for an individual
if the Court determines that such individual has
income less than 150 percent of the income official
poverty line applicable to a family of the size
involved and is unable to pay that fee in
installments. The Bankruptcy Rules do provide for
individuals to pay the filing fee in installments. To
pay the fee in installments, you must submit an
application, and the application must be approved by
the Court. This form named B103A, is available from
the US Courts National Forms by clicking here: Filing Fee Installment form.
8. Why must I pay fees by cashier's check or
money order?
Effective October 1, 2020, the Court no longer accepts
cash payments.
9. What will happen to my case if I filed
bankruptcy in the past and failed to pay the entire
filing fee?
A Bankruptcy Judge may take any of the following steps
when the entire filing fee has not been paid in a
prior case: (1) dismiss the case being filed, (2)
refuse to allow the Debtor to pay the filing fee in
installments for the current case, (3) order the
Debtor to pay the filing fee from the previous case,
or (4) take any other action that is appropriate.
10. What chapter is right for me?
Your decision whether to file bankruptcy and under
which chapter to file depends on your particular
circumstances. In general, Chapter 7 is appropriate
when the Debtor has insufficient income to pay a
portion of his/her debts, and the Debtor is not
seeking to keep non-exempt property. Otherwise, if the
Debtor has an income or property and can afford to
repay at least some of his/her debts, Chapter 11, 12
or 13 may be appropriate, depending on whether the
Debtor is an individual, partnership, corporation, or
family farmer. The decision whether to file a
bankruptcy case and under which chapter is an
extremely important decision and has tremendous
financial impact. Consequently, this decision may
require expert advice from a bankruptcy attorney. You
may contact The Florida Bar, Legal Aid, or the local
Lawyer Referral Service found in your local telephone
directories to obtain legal representation. You may
also research the Court's website by clicking here: General
Information.
11. What must I do before I file my case?
Pursuant to section 109(h)(1) you must complete and
obtain a certificate from an approved non-profit
credit counseling agency during the 180-day period
proceding the date of filing. 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
12. What is the difference between a chapter
7, 13 and 11?
Chapter 7 - In a Chapter 7, Debtors are
permitted to retain certain "exempt" property, while
the remaining assets are liquidated by the trustee.
The trustee will distribute the funds from the
liquidation to holders of claims (creditors) in
accordance with the provisions of the Bankruptcy Code.
Accordingly, potential Debtors should realize that the
filing of a petition under chapter 7 might result in
the loss of non-exempt property.
Chapter 13 - Chapter 13 is designed for
individuals with regular income to repay a portion or
all of their debt over an extended period of time.
Chapter 13 may be appropriate for Debtors who seek to
retain certain assets through a repayment plan.
Chapter 11 - Chapter 11 allows corporations,
partnerships, and certain individuals who do not
qualify under Chapter 13, to reorganize without having
to liquidate all assets. As in a Chapter 13, the
Debtor (called the "debtor-in-possession" because a
trustee is not normally assigned) is required to
present a repayment plan. If the plan is accepted by
the creditors and subsequently approved ("confirmed")
by the Court, this allows the Debtor to reorganize
his/her/or its personal, financial, or business
affairs.
NOTE: For further information on these Chapters, click
here: General Information.
13. Where can I get more information about
bankruptcy and bankruptcy procedures? Is there a
place I can get free or inexpensive legal advice
before I file?
The easiest way to get free or inexpensive bankruptcy
advice is to make an appointment with a private
attorney. Some attorneys may offer a free initial
consultation. Visit our web site for a list of Lawyer
Referral Services. You may also consider contacting
Legal Aid for inexpensive bankruptcy advice. They will
send you an application and schedule a session with a
bankruptcy attorney to assess your financial situation
to see if you qualify for their services, and assist
you in deciding what chapter is appropriate. Their fee
is on a sliding scale based on your income. In the
Tampa area, they can be contacted in Hillsborough
County at (813) 232-1343 or (813) 752-1335, or in
Pinellas County at (727) 821-0726 or (727) 443-0657;
in Orlando at (407) 841-8310; and in Jacksonville at
904-356-8371. Inexpensive help in typing your petition
and other forms is available from "bankruptcy petition
preparers." "Paralegals" and "typing services" are
considered bankruptcy petition preparers and not
attorneys. They are not employed or supervised by
attorneys and cannot represent you in your bankruptcy.
Only a licensed attorney can give you legal advice.
Bankruptcy petition preparation services are listed in
the telephone book. Click on General Information to visit the
Court's website for additional information about
filing bankruptcy, as well as a list of bankruptcy
terms and their meanings.
Local Attorney Bar associations sponsor Pro Se
Bankruptcy Assistance Clinics in the Jacksonville,
Orlando and Tampa divisions. These clinics are not
staffed by Bankruptcy Court staff. Hours of operation
varies in each division. Further information is
available at each of the links:
DISCLAIMER: The links on this webpage 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.