How to File Chapter 7 Bankruptcy in Florida
Step by Step
By Juan C. Burgos, Esq. | Florida Bar #84056 | Bankruptcy Attorney, Orlando FL
TL;DR: Filing Chapter 7 in Florida runs through 8 real steps — a required credit counseling course, the means test, gathering your documents, filing your petition (a $338 court fee, waivable), the automatic stay kicking in immediately, a short 341 meeting with your trustee, a second required course, and your discharge. Most cases run 3 to 5 months start to finish. None of these steps are optional, but none of them are as complicated as people expect either.
If you're searching "how to file Chapter 7 in Florida," you've probably already decided this is the right move — you just want to know what actually happens next. Fair question, because most of what's written online explains eligibility and what you get to keep, not the mechanics of the process itself. Here's what really happens, step by step, from the first required course to the day your debts are discharged.
Complete Your Credit Counseling Course
Before you can file, federal law requires a credit counseling course from an agency approved by the U.S. Trustee Program, completed within the 180 days before you file. It's usually a 60–90 minute session by phone or online, and it produces a certificate you have to file with your petition. File without it, and the court can dismiss your case on a technicality — no exceptions for forgetting.
Confirm You Qualify Under the Means Test
Chapter 7 isn't available to everyone. If your household income is below Florida's median for your family size, you qualify automatically. If you're above it, a series of allowed expense deductions can still clear your path.
Gather Your Financial Documents
You'll need roughly six months of pay stubs, your last two years of tax returns, recent bank and retirement account statements, and a full list of your debts, income, expenses, and property. This is also where Florida's exemptions start to matter — what you get to keep (your home, your car, retirement accounts) depends on the numbers you report here.
File Your Petition and Schedules with the Court
Your petition and supporting schedules are filed with the U.S. Bankruptcy Court for the Middle District of Florida — the Orlando Division for most Central Florida residents, or the Tampa Division if you're in Polk County. The filing fee is $338, payable in up to four installments over the following 120 days, or waived entirely if your income falls under roughly 150% of the federal poverty guidelines for your household size.
The Automatic Stay Takes Effect Immediately
The moment your case is filed, the automatic stay goes into effect. Collection calls, lawsuits, and most creditor contact have to stop that same day — no waiting period, no exceptions for most debts.
Facing an active wage garnishment right now? See how filing stops it →
Attend the 341 Meeting of Creditors
About three to five weeks after filing, you'll attend a short meeting with your assigned trustee, usually by video. Despite the name, creditors almost never show up. The trustee asks a handful of routine questions to confirm your paperwork under oath — most meetings are done in under ten minutes.
Complete the Second Required Course
After filing — and before your discharge — you'll take a second course, this one on personal financial management, from a different approved agency than the first course. Same format: short, online or by phone, with a certificate you file with the court.
Receive Your Discharge
If nothing complicates your case — an asset dispute, a creditor objection, missing paperwork — your discharge order typically arrives 60 to 90 days after your 341 meeting. From petition to discharge, most Chapter 7 cases in Florida take 3 to 5 months start to finish. Your eligible debts are wiped out, and the case is closed.
Wondering what this costs beyond the $338 court fee?
See our full breakdown of attorney fees and court costs: How Much Does a Bankruptcy Attorney Cost in Orlando? Or read the full eligibility and exemptions picture on our Chapter 7 Bankruptcy page.
Frequently Asked Questions
How long does it take to file Chapter 7 in Florida from start to finish?+
Most Chapter 7 cases in Florida take 3 to 5 months from filing to discharge, assuming nothing complicates the case.
Do I have to take a class before I can file?+
Yes — a credit counseling course within 180 days before you file, and a second course on financial management after you file but before your discharge. Both are short and can be completed online or by phone.
What documents do I need to file Chapter 7 in Florida?+
Roughly six months of pay stubs, your last two years of tax returns, recent bank and retirement account statements, and a full list of your debts, income, expenses, and property.
Will I have to go to court in person?+
Almost never. The 341 meeting of creditors — the one required appearance in a typical case — is now handled by video for nearly all filers in the Middle District of Florida.
What if I can't afford the $338 filing fee?+
The court allows you to pay it in up to four installments over 120 days, or waive it entirely if your income is under roughly 150% of the federal poverty guidelines for your household size.
Will collection calls and wage garnishment really stop right away?+
Yes. The automatic stay takes effect the moment your case is filed, and most collection activity — calls, lawsuits, wage garnishment — has to stop that same day.
Ready to Take the First Step?
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This article is for general educational purposes and does not constitute legal advice or create an attorney-client relationship. Attorney Juan C. Burgos is a federally designated debt relief agency helping families and businesses file for relief under the United States Bankruptcy Code.
Juan was great. Highly recommend his office! The situation was on a really tight timeline and he followed through. He was very empathic without sugar coating anything. Communication was always open an… Juan was great. Highly recommend his office! The situation was on a really tight timeline and he followed through. He was very empathic without sugar coating anything. Communication was always open and timely. Appreciate the extra steps he took to make sure the case was solid and felt very prepared for the hearing.
Muy agradecida con el licenciado Burgos, Excelente trabajo, explicación al 100% y manejo de caso muy profesional. Experiencia única. Mi caso llego a complicarse con la Trustee sin embargo el licenciad… Muy agradecida con el licenciado Burgos, Excelente trabajo, explicación al 100% y manejo de caso muy profesional. Experiencia única. Mi caso llego a complicarse con la Trustee sin embargo el licenciado manejo la situación al nivel que sali victoriosa. Estan en excelentes manos.
Exelente trabajo muy satisfecha con los resultados de un buen abogado y el trato exelente
El Lic Burgos desde el primer momento en que me comuniqué con él me mostró atención y profesionalidad. Lo recomiendo enteramente por su transparencia y su din de escuchar tu situación, gracias Lic Bur… El Lic Burgos desde el primer momento en que me comuniqué con él me mostró atención y profesionalidad. Lo recomiendo enteramente por su transparencia y su din de escuchar tu situación, gracias Lic Burgos.
El Sr. Burgos fue el único abogado que se reunió conmigo y aceptó mi caso pocos días antes de mi audiencia de bancarrota. Llamé a todos los abogados de Kissimmee y Orlando, e incluso los más prestigio… El Sr. Burgos fue el único abogado que se reunió conmigo y aceptó mi caso pocos días antes de mi audiencia de bancarrota. Llamé a todos los abogados de Kissimmee y Orlando, e incluso los más prestigiosos no me trataron como él. Hablé con varios abogados; algunos rechazaron mi caso porque no hablaban español, y otros lo rechazaron por diferentes razones. Le doy cinco estrellas y lo recomiendo ampliamente por su excelente trabajo y buena comunicación.