Preparation is the key for success when filing bankruptcy in Florida. The best bankruptcy cases go unnoticed as debtors glide through the system without attracting attention to receive a full discharges in record time. Luck is not involved. Planning began months before filing.
The most successful filers know something that you don’t. Small lifestyle changes may alter means test income and expenses before filing. Well-planned strategic changes will have a dramatic effect on the results of the means test. With a few weeks or months to plan, creating $300 improvement on the bankruptcy means test calculation will save $18,000 in wasted Chapter 13 payments. Just as easily, many people avoid Chapter 13 altogether and may file Chapter 7 when understanding the test procedure. Timing is critical.
2010 Bankruptcy Strategies and the Means Test Explained
All filing fees are payable to the Clerk of the Court. Debtors are not permitted to pay filing fees by credit card because all charges on credit cards are dischargeable, subject to special restrictions which apply during the 30 days immediately preceding filing. Florida bankruptcy attorneys routinely pay fees by credit card online through the CM/ECF system.
| Typical filing fees: | |
| Chapter 7 | $209 |
| Chapter 11 | $800 |
| Chapter 12 | $239 |
| Chapter 13 | $194 |
Fees may be payable in an installment plan. Contact the clerk of the court for details. According to Rule 1006 of the Bk. Rules of Procedure, A voluntary petition by an individual shall be accepted for filing if accompanied by the debtor's signed application stating that the debtor is unable to pay the filing fee except in installments. The application shall state the proposed terms of the installment payments and that the applicant has neither paid any money nor transferred any property to an attorney for services in connection with the case. The number of installments shall not exceed four, and the final installment shall be payable not later than 120 days after filing. For cause shown, the court may extend the time of any installment, provided the last installment is paid not later than 180 days after filing.
After filing Florida bankruptcy, cases are automatically placed on the court docket and deadlines begin to run. Any missed deadline subjects a case to dismissal. Common grounds for dismissal include the failure to pay fees, file schedules, and give written notice to creditors.
Note: the particular chapter which may best serve debtors depends on many factors. Past due payments are treated differently. Property may be subject to forfeiture. The period of court supervision of the estate lasts from a few months, up to five years. The personal goals of each individual and their lawyer must receive primary consideration to maximize results.
Florida Bankruptcy topics.
