Florida Bankruptcy Forms: Like any legal matter, Florida bankruptcy cases include many official bankruptcy forms. The number and type of forms used in a bankruptcy depend on all of the issues involved and the type of bankruptcy.
To find the right forms, one should first find the location of the district courthouse. Finding the right court is as simple as a web search.
Once the right district is found, a quick visit to the official court’s website will yield a link to all of the official Florida bankruptcy forms and instructions on how to fill each form out.
Another way to find the correct forms is to visit a legal forms website and purchase the forms with additional instructions, seek the help for a document-preparing agency, or consult an attorney specializing in bankruptcy cases.
Voluntary Petition
The first Florida bankruptcy form filed in any Florida bankruptcy case is the voluntary petition. The initial petition contains all of the debtor’s, or person filing for bankruptcy, information including past names if applicable, last four of social security number, street address, county of residence, and mailing address if different from street address.
If a spouse is filing for bankruptcy as a joint debtor then the form includes their information as well. This Florida bankruptcy form allows for multiple types of debtors such as individual, corporations, partnerships, and any other categories.
This petition is also, where a debtor chooses which type of bankruptcy they wish to file under (chapter 7, 9, 11, 12, 13, and 15). In this same section, the person filing the form will let the court know whether the bankruptcy will be covering consumer debts or business debts.
Paying the Bankruptcy Filing Fee
Like all legal files, there is a filing fee associated with this petition and the debtor can choose to pay the filing fee in full and attach the money, pay the filing fee in installments (must include for 3A), or ask that a filing fee be waived which applies to chapter 7 individual filings only (must attach official form 3B).
The next block of information contained on the original petition includes whether the debtor estimates that funds will be available for distribution to unsecured creditors, or there will be no funds available for distribution.
Once that information is established, debtor(s) must include the number of creditors, estimated assets, and estimated liabilities.
This Florida bankruptcy form concludes with various exhibits that must be filled out by each petitioner and is finalized by signatures of debtors, their attorney if applicable, and a non-attorney petition preparer if applicable. The exhibits are labeled A through D and are attached to the original petition.
Supporting Bankruptcy Forms - The Exhibits
Once the initial petition is filed, the various forms necessary to conclude the bankruptcy depend on the type chosen and whether it is an individual bankruptcy or a business.
Florida bankruptcy forms a debtor will need to obtain a full list of creditors and the amounts and nature of their claims, the source, amount, and frequency of personal income, a list of all property owned or part owned by the debtor, and a detailed list of the debtor’s monthly living expenses. Monthly living expenses include food, clothing, shelter, utilities, taxes, transportation, medicine, etc…
The Bankruptcy Schedules
The variety of schedules includes forms A – J and lists all assets and how they are claimed. Not all provided schedules would apply to everyone, but they should be as complete as possible to make sure all debts are included in the bankruptcy case. The full list of schedules includes:
B6 Summary of Schedules
B 6A Schedule A – Real Property
B 6B Schedule B – Personal Property
B 6C Schedule C – Property Claimed as Exempt
B 6D Schedule D – Creditors Holding Secured Claims
B 6E Schedule E – Creditors Holding Unsecured Priority Claims
B 6F Schedule F – Creditors Holding Unsecured Nonpriority Claims
B 6G Schedule G – Executory Contracts and Unexpired Leases
B 6H Schedule H - Co-debtors
B 6I Schedule I – Current Income of Individual Debtors
B 6J Schedule J – Current Expenditures of Individual Debtors
B 6 Declaration Concerning Debtor’s Schedules
Statement of Financial Affairs
Another form needed in any bankruptcy case is a statement of financial affairs. This statement is filled out using Form B7 and includes an overview explaining how a debtor’s money is being spent and an overview of the current financial affairs associated with someone filing for bankruptcy.
The rest of the Florida bankruptcy forms provided, are specific to individual cases and too numerous to list here. Overall, when seeking to file for bankruptcy, determine the type of bankruptcy you wish to file and review all of the Florida bankruptcy forms necessary for that type.
As mentioned above, this is one area a bankruptcy attorney can be very helpful, by advising anyone on the particular forms to include and what information is necessary on each form.
Chapter 7 Florida Bankruptcy Forms List
These are the Chapter 7 Florida Bankruptcy Forms that need to be filed for a Florida personal bankruptcy:
Things you should have on hand to prepare your Chapter 7 Florida Bankruptcy Forms:
A copy of every bill or letter you have received from a collection agency;
A copy of any lawsuit or pleading you have received in a case in which you are involved;
Two pay stubs representing an average pay period (include pay stubs for your spouse, even if he/she is not filing bankruptcy with you);
Deeds to real estate in which you have any (even a partial) interest (including real estate you are purchasing or that you already own);
The original or memorandum title for any cars, trucks, trailers, boats, motorcycles, mobile or motor homes you own or are purchasing, or other documents showing the value of your assets;
Appraisals of your home, jewelry, etc., if you have them;
Any policies of life insurance you have on your life, and/or the life of your spouse or children (where possible, you should contact the agent who sold you the policy and find out if the policy has any cash surrender value. If your policy has cash surrender value, please provide your attorney with that value); and
Income Tax Returns filed in the previous two years.
Chapter 13 Florida Bankruptcy Forms List CHAPTER 13 BANKRUPTCY FORMS
Things you should have on hand to prepare your Chapter 13 Florida Bankruptcy Forms:
A copy of every bill or letter you have received from a collection agency;
A copy of any lawsuit or pleading you have received in a case in which you are involved;
Two pay stubs representing an average pay period (include pay stubs for your spouse, even if he/she is not filing bankruptcy with you);
Deeds to real estate in which you have any (even a partial) interest (including real estate you are purchasing or that you already own);
The original or memorandum title for any cars, trucks, trailers, boats, motorcycles, mobile or motor homes you own or are purchasing, or other documents showing the value of your assets;
Appraisals of your home, jewelry, etc., if you have them;
Any policies of life insurance you have on your life, and/or the life of your spouse or children (where possible, you should contact the agent who sold you the policy and find out if the policy has any cash surrender value. If your policy has cash surrender value, please provide your attorney with that value); and
Income Tax Returns filed in the previous two years.
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