There are several steps you must take to file a chapter 7 bankruptcy in Florida. This is just a brief outline of the process.
The first step in filing for bankruptcy in Florida is to prepare a petition that will be filed in the appropriate U.S. District Bankruptcy Court. Along with the petition the Debtor will have to submit several statements, these include a creditor matrix, current income, living expenses, statement of financial affairs, any recent transfers of assets, current or potential lawsuits, and any executory contracts. If any debt is not listed on the petition, it will not be discharged in the bankruptcy.
Once a person has filed for bankruptcy protection an automatic stay order becomes effective. This tells all creditors to stop trying to collect money that they feel is owed. During this period, phone calls, lawsuits, foreclosures, wage garnishment actions, or any other attempt to collect a debt must cease immediately.

The next action will be a 341 meeting, also known as a Meeting of the Creditors. As soon as the petition for chapter 7 bankruptcy is filed, your case will be appointed a trustee. The trustee will administer the overall case and is responsible for paying any unsecured creditors with the assets that they liquidate. Each state has different guidelines but there are certain assets that you can exempt from your bankruptcy. This means that the trustee will not have unlimited access to everything you own, just the non-exempt assets. The trustee will call for a 341 meeting. The person filing for bankruptcy will be required to attend along with their attorney, and any creditor that chooses to may attend. The Debtor will be required to answer questions under oath. In many chapter 7 bankruptcies almost all of the Debtor’s assets are either exempt or subject to liens. This does not leave any assets for the creditors to pursue. This type of case is referred to as a “no asset case” and many times will have no creditors present at the 341 meeting.

After the 341 meeting, the creditors will have an opportunity to make a claim against the Debtor with the court. This will allow them to be paid their portion of any liquidated assets, if available.

The final step in the bankruptcy process is to have the trustee pay the creditors from the liquidated assets. The process is then concluded by a judge who ends the Debtor’s personal liability by entering a final discharge. Some debt is not dischargeable; this includes but is not limited to most student loans, alimony, child support, most tax obligations, and any liability from a lawsuit that is a result of driving while under the influence.

If you found this information useful, you may also be interested in reading about the steps in filing for Chapter 13 Bankruptcy.