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
The Florida Bankruptcy System is divided into 3 federal districts. Each of these districts are subdivided into divisions which serve specific counties. For division specific information, see:
According to the Administrative Office of the U.S. Courts, the 2003 national rate of filing personal bankruptcy was one in every 79.1 households (1.27%). At this rate, over the next 30 years, 38% of all U.S. households will be liquidated by the federal court system. In Florida, the rate is one in every 84.5 households which ranks 25 in the country.
Total Florida Bankruptcy Filings in 2006 |
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| District | Total | Ch 7 | Ch 11 | Ch 12 | Ch 13 |
| Northern | 1,823 | 1,467 | 2 | 2 | 354 |
| Middle | 55,004 | 39,443 | 241 | 5 | 15,315 |
| Southern | 32,978 | 22,953 | 255 | 1 | 9,764 |
| Total | 89,805 | 76,863 | 498 | 8 | 25,433 |
Businesses Filing Florida Bankruptcy in 2006 |
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| District | Total | Ch 7 | Ch 11 | Ch 12 | Ch 13 |
| Northern | 61 | 40 | 18 | 2 | 1 |
| Middle | 728 | 431 | 200 | 5 | 92 |
| Southern | 887 | 595 | 231 | 1 | 55 |
| Total | 1,676 | 1,065 | 449 | 8 | 148 |
Laws, rules, and practices of Florida bankruptcy lawyers are changing rapidly. New Code amendments are expected at any time, designed specifically to limit consumer access to discharge of debts in all proceedings. Mandatory fines and penalties targeting debtors will be increased, along with new creditor options for enforcement.
Each Division maintains Florida bankruptcy local rules of court. Many local rules are standardized across the county and provide further clarification and instructions for administrative responsibilities of attorneys. For instance, instructions on filing additional declarations and required data are not included within the U.S. Bankruptcy Code, but are however routinely published by the Clerk of the Court along with Florida bankruptcy records. Local rules also may include unique location specific instructions applicable only to a particular district or division. All debtors filing pro se must also follow local rules regardless of actual notice. A violation of local rules may result in dismissal. Copies of local rules are available from the Clerk of the Court for each Florida Bankruptcy Division. Courts may also offer a glossary of Florida bankruptcy terms that provide definitions of common words and phrases.
