Navigating Chapter 7 Bankruptcy in Florida: A Step-by-Step Guide

January 31, 2024

Navigating Chapter 7 Bankruptcy in Florida: A Step-by-Step Guide

Debt can feel like a heavy weight on your shoulders, affecting every aspect of your life including your mental health and your physical well-being. If you are a Melbourne resident facing out of control debt, you may find relief through Chapter 7 bankruptcy. It is the most common form of bankruptcy, designed to offer debtors a fresh start by discharging most unsecured debts. In this blog, we will provide you with a step-by-step guide on how to navigate the Chapter 7 bankruptcy process in Florida. Mann Law is here to guide you and provide you with the legal assistance you might need.


Step 1: Determine whether you qualify for Chapter 7 bankruptcy.



To be eligible for Chapter 7 bankruptcy, you must pass the means test. This test examines your income for the past six months compared to the median income for a household of your size in Florida. If your income is above the median income, you may still qualify depending on your expenses. An experienced lawyer from Mann Law can assist you in determining your eligibility.


Step 2: Complete mandatory credit counseling.


Before filing for Chapter 7, you must complete credit counseling with an approved agency. This counseling allows you to explore alternative options to bankruptcy and helps you better understand your financial situation and budget.


Step 3: Filing your bankruptcy petition.


Filing a bankruptcy petition begins your case. You must do this in the district where you have lived for the past 180 days. The petition will include detailed financial disclosures such as your debts, assets, income, expenses, and any transfers of possessions or payments to creditors in the past two years.


Step 4: Attend the 341 meeting of creditors.


A trustee will be assigned to your case and will require you to attend a “meeting of creditors”. This is a hearing where the trustee verifies the information in your petition and may ask you questions on your assets, debts, and financial transactions. Typically, this meeting takes place 30-45 days after you file your bankruptcy petition.


Step 5: Discharge of debts.


After the meeting of creditors, you will receive a discharge order that prevents creditors from pursuing legal action against you for discharged debts. Some debts cannot be discharged in bankruptcy, including student loans, spousal or child support obligations, and tax debts.


Navigating bankruptcy on your own can be overwhelming, and it’s essential to have trusted legal counsel by your side. At Mann Law, we specialize in bankruptcy law and are committed to helping Melbourne residents find relief from their overwhelming debt. We’re here to guide you through the Chapter 7 bankruptcy process and provide you with the knowledge you need to make informed decisions about your financial future. Contact us today for a free consultation.


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