Bankruptcy Law Services in Miami

Bankruptcy is federal, so a Miami-Dade case is filed in the U.S. Bankruptcy Court for the Southern District of Florida, not in the county courthouse. Federal law adds two steps many people do not expect. First, you must complete a briefing with an approved nonprofit credit counseling agency during the 180 days before you file (11 U.S.C. section 109(h)). Second, after you file, you must finish a personal financial management course, or the court can deny your discharge (11 U.S.C. sections 727(a)(11) and 1328(g)). Both can be done online or by phone, and our guide to what it costs to file bankruptcy in Florida covers their fees. It also helps to gather recent pay stubs, tax returns, bank statements, and a list of every debt before your consultation.

New to Florida? Check the two-year rule. Florida has opted out of the federal exemption list, so Florida residents protect property with the exemptions in the Florida Constitution and Florida Statutes (section 222.20). But federal law decides which state’s exemptions you may use: you must have been domiciled in Florida for the 730 days before you file (11 U.S.C. section 522(b)(3)(A)). If you moved here more recently, the exemptions generally come from the state where you lived for most of the 180 days before that two-year period, and the homestead is subject to its own timing rules. Our guide to Florida’s bankruptcy exemptions walks through both. If you relocated to Miami in the last few years, mention the date you moved when you call.

The meeting of creditors is held on Zoom. A few weeks after a case is filed, the trustee assigned to it holds the meeting of creditors required by 11 U.S.C. section 341. In the Southern District of Florida, these meetings in Chapter 7 and Chapter 13 cases have been held by Zoom video since October 2023, so you take part from a quiet, private place instead of a federal building. It is still testimony under oath: the trustee confirms your identity against your photo ID and proof of your Social Security number, then asks about the papers you filed. Attorney Alfonso attends the meeting with you. Our guide to what happens at the 341 meeting covers the usual questions and the documents the trustee needs beforehand.