How Much Does It Cost to Declare Bankruptcy in Florida?
Bankruptcy is a federal procedure, and some of the costs are the same whether you live in Florida or any other state when you file. Other bankruptcy costs can vary dramatically based on the nature of your case, the bankruptcy chapter under which you file and the law firm you hire. However, all of these bankruptcy costs, including the government filing fee, can be controlled or even eliminated.
Court Costs
Bankruptcy fees are standardized throughout the nation. The two most common types of consumer bankruptcy, Chapter 7 and Chapter 13, cost $299 and $274,respectively. Chapter 11 bankruptcy, typically filed by business debtors, costs $1,039, while the lesser-used Chapter 12, for farmers and fishermen, costs $239. If you are filing for Chapter 7 and can demonstrate to the court that your income is below 150 percent of the poverty level for your county in Florida, you may qualify to either pay the filing fee in installments or have it waived altogether.
Counseling Costs
Due to changes enacted by the Bankruptcy Abuse Prevention and Customer Protection Act of 2005, you must attend a counseling class no more than 180 days before you file a bankruptcy petition. This course must be offered by a court-approved provider and typically costs between $15 and $70. For example, InCharge Education Foundation is approved in the state of Florida and charges $30. Additionally, before you can receive your bankruptcy discharge you must also attend a separate financial management course. Fees for this course are typically similar to the pre-petition counseling course.
Attorney Costs
Although the United States Courts recommend that you retain an attorney in a bankruptcy proceeding, you are legally allowed to file a case "pro se," or on your own. This could eliminate what is typically the most expensive cost in a bankruptcy proceeding. Attorney fees in Florida can range from as low as about $750 for a relatively simple "no-asset" Chapter 7 proceeding to $3,000 or $4,000 for a more complicated Chapter 13 petition. Business filers utilizing Chapter 11 can pay up to tens of thousands of dollars for attorney services in complex cases.
Property Costs
If you file a Chapter 7 bankruptcy in Florida, you may end up losing valuable personal property. Florida allows you to exempt a certain amount of property in a Chapter 7 bankruptcy, but assets above that amount must usually be turned over to the bankruptcy trustee for liquidation. Florida does have relatively generous exemption levels compared to other states, including an unlimited exemption amount for a home. If you file a Chapter 13 bankruptcy, you do not have to worry about losing property, as your assets are protected in exchange for your payments to creditors.
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