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Bankruptcy Filing Procedures Brandon FL

Get Help on Florida Bankruptcy Forms with the Help of a Bankruptcy Lawyer

Many things should be taken into consideration prior to a bankruptcy petition. While you might be familiar with its concepts, facing it yourself can be daunting. The first step to achieving debt relief is understanding the bankruptcy filing procedures in Brandon, FL.  The process of bankruptcy – regardless of the chapter – is highly stressful and complicated so you’ll need all the help you can get!

Bankruptcy isn’t a magic pill that cures all your financial troubles. While it provides some relief for individuals and businesses, attaining debt relief has its limitations. Still, filing for bankruptcy is a smart way to get rid of debts legally. Furthermore, you no longer will have to deal with abusive collecting practices as you won’t be directly in contact with any creditors while under bankruptcy protection.

Quick Summary

Here’s a brief overview of the important things you need to know about bankruptcy forms:

  • The bankruptcy filing procedure in Florida involves consulting with a bankruptcy attorney, gathering financial information, filing official forms, attending a creditors’ meeting, and completing the bankruptcy process.
  • There are two main types of bankruptcy: Chapter 7 (liquidation) and Chapter 13 (reorganization), depending on your financial situation and goals.
  • Specific bankruptcy forms are required for each chapter, and additional forms may be necessary based on individual circumstances.
  • Accurate bankruptcy forms are crucial for the court to process cases and ensure fair treatment of creditors.
  • Consultation with a bankruptcy attorney is essential to navigate the complex bankruptcy process and complete forms correctly.

Our attorneys at the Golden Law Group focuse in bankruptcy law services to give you the best-case scenario and ensure Florida bankruptcy forms are filled out precisely. To take the first step in getting out of a life awash in debt, give our law office a call today to avail of a free consultation!

What is the Bankruptcy Filing Procedure?

Bankruptcy is a federal legal process by the United States government aimed at helping individuals and groups clear a significant amount of debt. Contrary to popular belief, bankruptcy does not negatively affect your credit in the long run. Bankruptcy works by acting as a safety net for people who need protection from abusive creditor behaviors.

The two common bankruptcy chapters most individuals file for; Chapter 7 and Chapter 13. 

  • Chapter 7 Bankruptcy-Also known as the liquidation chapter, Chapter 7 bankruptcy allows individuals to discharge most of their debts and start fresh. In Chapter 7, a trustee appointed by the bankruptcy court will gather and sell all non-exempt assets to pay off creditors. 
  • Chapter 13 Bankruptcy– Also called the wage earner’s bankruptcy, Chapter 13 is a type of bankruptcy designed for individuals or small business owners who have a regular income but are struggling to pay off their debts. In Chapter 13, the debtor proposes a repayment plan to the court to repay their debts over a period of three or five years.

If you need more information about what happens during Chapter 7 bankruptcy and Chapter 13 bankruptcy, our attorneys at Golden Law Group are ready to assist. To begin the journey of breaking free from your money troubles, give our law office a call and get a free consultation today!

What are the Bankruptcy Filing Procedures for Chapter 7?

Here is the summary of what bankruptcy filing procedures in Brandon, FL you must follow during Chapter 7:

  • Analyze your debt by knowing which ones can be discharged (credit card dues, hospital bills, personal loans, and utility bills) and which cannot be (child and spousal support, recent tax debt, and most student loans).
  • Know your exemptions to determine which of your properties can be excluded from liquidation. These typically include home appliances, furniture, personal clothing, medical equipment, and some home and car equity.
  • Take a Chapter 7 Means Test as this helps check if your monthly income is low enough to be eligible to file under this chapter. If you don’t pass the means test, the bankruptcy court might recommend that you file Chapter 13 instead.
  • Undergo a credit counseling course in person, by phone, or online within 180 days prior to submitting your petition.
  • Fill out all required bankruptcy forms truthfully and accurately.
  • Submit documents necessary for your petition to the Chapter 7 trustee assigned to your case.
  • Attend the 341 creditors meeting in person or virtually. Your Brandon bankruptcy attorney attends this meeting in your place if you choose to.
  • When necessary, file any objections and motions to dispute any creditor claims or to eliminate Chapter 7 liens.
  • Complete a debtor education program before officially receiving your bankruptcy discharge. Make sure to do this on time to prevent the bankruptcy court from dismissing your case.

Before diving head-first into a bankruptcy case, talk to a bankruptcy lawyer first about the bankruptcy filing procedures in Brandon, FL to ensure that you get everything right. A smooth-sailing process is key to making your bankruptcy journey’s outcome a favorable one.  

Bankruptcy filing procedures for Chapter 13

The following items provide an overview of what the bankruptcy filing procedures Brandon FL are during Chapter 13:

  • Complete the mandatory credit counseling course given by an approved credit counseling agency within 180 days before submitting your petition. 
  • Fill out all required Chapter 13 bankruptcy forms truthfully and accurately.
  • Submit all paperwork necessary for your petition to the Chapter 13 trustee assigned to your case.
  • Attend the 341 creditors meeting in person or virtually.
  • Start your Chapter 13 plan payments during the month after you submitted the petition.
  • Have your Chapter 13 repayment plan confirmed by the bankruptcy court while giving the trustee and the creditors a chance to make their objections.
  • Make all necessary payments according to the confirmed repayment plan while being up to date with other obligations such as alimony and child support.
  • Complete a debtor education program before officially receiving your bankruptcy discharge. 

Are you dealing with bankruptcy at the moment? Before going straight for it, be sure you are aware of the bankruptcy filing procedures in Brandon, FL. Talk to a skilled Brandon, FL bankruptcy attorney who can guide you throughout the entire bankruptcy process.

What Forms Do I Need to File Bankruptcy in Florida for Chapter 7?

The following are the forms that you need to file for Chapter 7 bankruptcy in Florida:

  • Voluntary Petition for Individuals Filing for Bankruptcy (Form B101)
  • Statement of Financial Affairs (Form B107)
  • Schedules A/B: Property (Form B106A/B)
  • Schedule C: The Property You Claim as Exempt (Form B106C)
  • Schedule D: Creditors Who Hold Claims Secured By Property (Form B106D)
  • Schedule E/F: Creditors Who Have Unsecured Claims (Form B106E/F)
  • Schedule G: Executory Contracts and Unexpired Leases (Form B106G)
  • Schedule H: Your Codebtors (Form B106H)
  • Schedule I: Your Income (Form B106I)
  • Schedule J: Your Expenses (Form B106J)
  • Summary of Your Assets and Liabilities and Certain Statistical Information (Form B106)
  • Certificate of Credit Counseling
  • Means Test Calculation (Optional)
  • Application for Waiver of Filing Fee (Optional)

You may also need to file additional forms depending on your specific circumstances. For example, if you have a spouse or domestic partner who is not filing bankruptcy with you, you will need to file additional forms to disclose their financial information.

You can find all of the bankruptcy forms on the website of the United States Courts.

It is important to note that the bankruptcy process is complex and it is important to consult with a bankruptcy attorney to ensure that you are filing the correct forms and that your bankruptcy is filed correctly.

What Forms Do I Need to File Bankruptcy in Florida for Chapter 13?

Chapter 13 bankruptcy allows you to keep your property if you can pay off your debts in installments over 3 to 5 years. To file for Chapter 13 bankruptcy in Florida, you need to fill out the following forms:

  • B 101: Voluntary Petition for Individuals Filing for Bankruptcy
  • B 106 Declaration: Declaration About an Individual Debtor’s Schedules
  • B 106 Summary: Summary of Your Assets and Liabilities and Certain Statistical Information
  • B 106A/B: Property
  • B 106C: The Property You Claim as Exempt
  • B 106D: Creditors Who Hold Claims Secured by Property
  • B 106E/F: Creditors Who Have Unsecured Claims
  • B 106G: Executory Contracts and Unexpired Leases
  • B 106H: Your Codebtors
  • B 106I: Your Income
  • B 106J: Your Expenses
  • B 107: Your Statement of Financial Affairs for individuals Filing Bankruptcy
  • B 113: Chapter 13 Plan
  • B 121: Your Statement About Your Social Security Numbers
  • B 122C-1: Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period
  • B 122C-2: Chapter 13 Calculation of Your Disposable Income
  • B 423: Certification About a Financial Management Course
  • B 2010: Notice Required by 11 U.S.C. §342(b) for Individuals Filing for Bankruptcy

You also need to provide the court with a Creditor Matrix in the format specified by the Florida bankruptcy court. The forms may be different for non-individuals (corporations or groups). If you have any questions about the forms, please consult with a Florida bankruptcy attorney. 

Why Do I Need a Brandon, FL Bankruptcy Attorney?

A huge benefit of knowing the bankruptcy filing procedures Brandon FL for Chapter 7 and Chapter 13 is being aware of what to expect. If you decide to work with us, a skilled Florida bankruptcy lawyer will examine your case thoroughly and guide you through every single step.

Here’s what you will get from availing of Golden Law Group’s legal services:

  • Personalized debt relief assistance
  • Compassionate legal advice for each client
  • Proactive problem-solving techniques that can help clear your debt
  • Dedicated legal counsel from beginning to end

For legal advice on which bankruptcy chapter best fits your situation and dependable information on bankruptcy filing procedures Brandon FL, get in touch with our law firm now for a free consultation!

Call our Florida Bankruptcy Attorney Now!

Given how stressful and exhausting it can be, deciding to try getting rid of your debt through bankruptcy is a courageous move for anyone. This makes having a  knowledgeable bankruptcy attorney on your side all the more important; it helps instill confidence in knowing that someone who works for you is capable of getting you out of this mess!

We at Golden Law Group know everything about Florida bankruptcy law and also provide great legal assistance on student loans, garnishment defense, and other debt solutions

Once you’re ready to work on your petition, give us a call right away and get a free consultation!

Get a Free Copy of Our Book

“Bankruptcy in Florida, by G. Donald Golden” answers some general bankruptcy concerns, such as: How do I know if I should file for bankruptcy?”

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