Filing a Chapter 7 Case | Southern District of Florida | United States Bankruptcy Court

An lawyer is needed for non-individual cases. Because there are many complicate issues that may come up in a bankruptcy case, individuals may wish to hire an lawyer who is allowed to practice in this bankruptcy court. If you do choose to represent yourself as a professional se filer and go through the bankruptcy case without a lawyer, you must follow all federal and local court laws and requirements and use the union and local required forms that are available from the clerk ’ sulfur function or the court ’ randomness web web site for filing documents. DO NOT use any other forms ; they may be from a different woo or may be old forms that can not be used in this woo since they have been replaced by update versions .
The judges, judges ’ staff, salesclerk, or salesclerk ’ south staff are not permitted to provide legal advice or speak with you in an ex-husband parte communication ( which means without the other side portray ) .

Prior to Filing a Bankruptcy Petition

individual debtors MUST complete a recognition counseling path from an approved credit counseling means, anterior to filing bankruptcy. This prerequisite, along with any exceptions that may apply, are explained in this salesclerk ’ south detect : “ STOP & READ BEFORE FILING ” ( spanish ) ( Creole ). A list of approved Credit Counseling Agencies can be located on the U.S. Trustee ’ s web site .
The filing fee for a Chapter 7 petition is $338.    Filing fee for a petition that is electronically transmitted to the Clerk, must be remitted to the Clerk within 14 days by mailing a certified check or money club ( no cash will be accepted by mail ), in the accurate amount, account payable to Clerk, U.S. Court. Case number must be included on the certified check or money order. Filer should include a self-addressed stamped envelope if a reception is requested. alternatively, the debtor may :

1.  Pay Filing Fee in Installments. entirely individual debtors ( including joint petitions filed ) may apply to pay the filing fee in installments. You must use the local anesthetic Form “ Application for Individuals to Pay the Filing Fee in Installments ”. Both debtors, if articulation prayer, must sign the application. A minimal installment requital of one half the filing fee at the time of file of the request is required. The clerk will not accept a voluntary request presented for filing by a debtor seeking to pay filing fee in installments if file fees remain due from any former case filed by that debtor unless the application is accompanied by payment of all previously due fees. [ See Local Rules 1002-1 ( B ) ( 1 ) ( boron ) and 1006-1 ( A ) ] ; or
2. File an Application to Waive Filing Fee. individual debtors in chapter 7 cases who meet certain fiscal requirements may apply for a release of the file and certain early fees by filing Official Bankruptcy Form 103B “ Application to Have the Chapter 7 Filing Fee Waived ”. See data for chapter 7 fee waivers along with a link to the poverty guidelines that must be met in holy order to qualify for this release.

Documents Due at Time of Filing of Bankruptcy Petition
Documents Due Within 14 Days

Other Documents that May be Required at the Time of Filing :
Discharge Eligibility:

  • authentication of a Personal Financial Management Course – Certificate must be filed with the court within 60 days after the first date set for the meeting of creditors under § 341 of the code in order to receive a discharge. Financial Management Course.
reference :
Category : Finance

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