Chapter 7 Bankruptcy in Miami

Arturo R. Alfonso P.A. represents Miami-Dade individuals and couples, in English and Spanish, in Chapter 7 bankruptcy cases filed in the U.S. Bankruptcy Court for the Southern District of Florida. This page explains how the firm handles a Chapter 7 case, stage by stage: what we review first, what you sign, what happens after filing, and the deadlines that lead to a discharge.

Whether you are eligible for Chapter 7 at all is answered in our guide Do I qualify for Chapter 7 in Florida?, and the choice between the two consumer chapters is covered in Chapter 7 vs. Chapter 13. This page covers the work itself, in the order it happens.

Stage 1: The Review Before Anything Is Filed

Much of a Chapter 7 case is shaped before the petition is filed. At the consultation we go through four questions with you. First, income: we run the means test with your actual pay records for the six full calendar months before filing. Second, property: we list what you own and match each item to an exemption. Florida has opted out of the federal exemption list under Section 222.20, Florida Statutes, so Florida residents use the homestead protection in Article X, Section 4 of the Florida Constitution and the statutory exemptions, including the motor vehicle and personal property exemptions in Section 222.25. Our guide to Florida’s bankruptcy exemptions gives the current amounts.

Third, timing: payments to relatives, transfers of property, a recent move to Florida, and any earlier bankruptcy case all affect when it makes sense to file. A Chapter 7 discharge is not available if you received one in a case filed within the previous eight years (11 U.S.C. section 727(a)(8)). Fourth, what you want to keep: a car loan or mortgage you intend to keep paying changes what we file and what you sign later. If something in the review points away from Chapter 7, we tell you before you pay a filing fee.

Stage 2: Preparing and Filing the Petition

Before filing, you complete a credit counseling briefing with an approved agency within the 180 days before the petition (11 U.S.C. section 109(h)). We then prepare the petition, the schedules of assets and debts, the schedules of income and expenses, the statement of financial affairs, and the means test form. The schedules can be filed with the petition or within 14 days after it under Federal Rule of Bankruptcy Procedure 1007(c), but we prefer to file a complete set at once so the trustee sees a finished case from day one.

You review and sign every page under penalty of perjury, so we go through the papers with you line by line. Miami-Dade cases are filed electronically with the Southern District of Florida, whose Miami Division sits at the federal courthouse on North Miami Avenue. When the petition is filed, the automatic stay in 11 U.S.C. section 362(a) generally stops collection calls, lawsuits, and garnishments; our guide to the automatic stay explains its limits.

Stage 3: The First Six Weeks After Filing

Under Rule 2003(a), the meeting of creditors in a Chapter 7 case is set no fewer than 21 and no more than 40 days after the case is filed. Before it, you must give the trustee a copy of your most recent federal income tax return no later than 7 days before the date first set for the meeting (11 U.S.C. section 521(e)(2)(A)). We collect it, with your photo ID and proof of your Social Security number, as soon as the notice arrives. In the Southern District these meetings are held by Zoom, and Attorney Alfonso attends with you. Our guide to the 341 meeting covers the usual questions.

If you owe on a car or other secured consumer debt, you must file a statement of intention within 30 days after filing or by the meeting date, whichever is earlier, saying whether you will keep or surrender the property, and then act on it within 30 days after the first date set for the meeting (11 U.S.C. section 521(a)(2)). If you plan to keep paying a loan, we review any reaffirmation agreement with you before you sign it.

Stage 4: The Course, the Deadlines, and the Discharge

After filing, you complete a personal financial management course. Without it the court can deny the discharge (11 U.S.C. section 727(a)(11)), and in a Chapter 7 case the certificate is due within 60 days after the first date set for the meeting of creditors (Rule 1007(c)(4)). We send you a reminder and confirm the certificate is on the docket.

Creditors and the trustee have 60 days after the first date set for the meeting to object to the discharge (Rule 4004(a)). When that period and the deadline for a motion to dismiss expire, Rule 4004(c) directs the court to grant the discharge promptly, unless an exception applies. Not every debt is discharged; our guide to what debts are wiped out lists those that survive. If the trustee or a creditor raises a question at any stage, we answer it with you before the deadline.

What to Send Us Before the Consultation

• Pay stubs or other income records for the last six full calendar months.
• Your last two federal tax returns and recent bank statements.
• A list of every debt, with recent statements, collection letters, and any lawsuit or garnishment papers.
• Car titles, loan statements, your deed or lease, and retirement account statements.
• The date you moved to Florida, if within the last few years, and any earlier bankruptcy case number.

Our checklist of documents needed to file bankruptcy has the full list, and what it costs to file covers the court fee and the two courses.

Related Pages

• Bankruptcy Law in Miami
• Do I qualify for Chapter 7 in Florida?
• What is the difference between Chapter 7 and Chapter 13?
• What are Florida’s bankruptcy exemptions?
• Will I lose my house if I file bankruptcy in Florida?
• Can I keep my car in Chapter 7 in Florida?
• Bankruptcy dismissal vs. discharge