Public service notice. BeforeYouFile.Info and Form America LLC do not coach, advise, instruct, or provide legal guidance on bankruptcy, and do not prepare or assist with bankruptcy paperwork of any kind. Nothing in this article is legal advice or legal instruction. The only legal information it contains is quoted or summarized from The Florida Bar and federal court publications cited in the numbered notes, and it is shared as a public service announcement only.
Bankruptcy cases in Florida are filed with the Clerk of the federal Bankruptcy Court.² The federal bankruptcy courts and the national judiciary publish information for people considering filing without a lawyer, including warnings about the risks. This article begins with The Florida Bar’s consumer pamphlet on bankruptcy and then quotes the courts’ publications, and the numbered notes at the end link to each original.
Everything that follows is quoted or summarized from materials published by The Florida Bar and the federal courts. None of it represents legal advice, legal instruction, or the legal opinions of the author.
The Florida Bar’s consumer pamphlet
The Florida Bar’s consumer pamphlet Consumer Bankruptcy in Florida, produced as a public service and last updated in May 2023, is the authoritative starting point for researching consumer bankruptcy in this state, and its full text is available on the Bar’s website.¹ The pamphlet explains what bankruptcy can and cannot do, describes Chapter 7 and Chapter 13, and covers the means test, student loans, homestead protection, and credit reporting. On self-representation, the Bar acknowledges that individuals may represent themselves but describes bankruptcy as a complex area, calling it a step that “could affect you for the rest of your life.”¹ The pamphlet also cautions that non-attorney petition preparers may only type information onto forms and are barred from giving legal advice, and it directs readers to The Florida Bar Lawyer Referral Service at 800-342-8011.¹
Where Florida bankruptcy cases are filed
The United States Bankruptcy Court for the Middle District of Florida states that “Bankruptcy petitions and other papers (such as bankruptcy schedules, complaints, answers, motions, and other requests for relief) must be filed with the Clerk of the Bankruptcy Court.” The court lists staffed Clerk’s Offices in Tampa, Orlando, and Jacksonville and notes that “The Bankruptcy Court does not maintain a Clerk’s Office in the Fort Myers Courthouse.”²
The courts also limit who may file without a lawyer. The Middle District states that “Only individuals or married couples may file a personal bankruptcy under any of the bankruptcy chapters” and that “Corporations, partnerships, and LLCs must be represented by an attorney.”² The United States Bankruptcy Court for the Northern District of Florida states, “Only individuals (including married couples) can file bankruptcy or appear before the court without a lawyer.”³
The United States Bankruptcy Court for the Southern District of Florida maintains a page titled “Don’t Have a Lawyer?” that it says “was specifically created for unrepresented individuals.” The page describes its contents as “procedural in nature and not legal advice, as you may only receive that from a lawyer.” It notes that “A corporation must be represented by counsel, except in certain limited instances,” and instructs filers to “Mail or Personally deliver your SIGNED & DATED document to the Clerk’s Office. DO NOT email any document to the Clerk’s Office or to the Judge or Judge’s Chamber.”⁶
What the courts publish for people filing without a lawyer
The Middle District states, “The Court cannot supply the forms necessary for filing bankruptcy,” and directs filers to the Federal Judiciary’s website for printable forms.² Its General Information sheet lists a “PROPER SEQUENCE FOR FILING PETITIONS,” beginning with the “Voluntary Petition (B101)” and continuing through the schedules of property, exemptions, creditors, income, and expenses, a Statement of Financial Affairs, the means test forms, a mailing matrix, and a statement about Social Security numbers, nineteen items in all.²
The same sheet describes requirements before and after filing. Under the heading “Credit Counseling Requirement,” it states that “individuals filing a bankruptcy case must receive an approved credit counseling briefing” that “must take place within the 180-day period preceding the date of the filing of the bankruptcy petition,” and that failure to obtain it “may result in the individual’s case being dismissed.” Under “Financial Management Course,” it states that “In order to receive a discharge in a Chapter 7 or 13 case, individual debtors must complete, after the case is filed, an approved instructional course concerning personal financial management.”²
The sheet also requires “acceptable photo identification at the time of filing” and notes that “Filing fees must be in the form of a cashier’s check or money order.”²
What the courts say about legal help
The national judiciary’s page on filing without an attorney states, “Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.” It adds that “Misunderstandings of the law or making mistakes in the process can affect your rights” and that “Court employees and bankruptcy judges are prohibited by law from offering legal advice.”⁴
The Middle District’s “General Warning to All Parties Proceeding Without an Attorney” says that “Although you may file for bankruptcy without an attorney, the bankruptcy laws are very technical and you are required to complete and sign, under penalty of perjury, various official forms. Your failure to complete these forms truthfully and timely may result in the dismissal of your case and may adversely affect any further bankruptcy filing.” On prior filings, it states that the outcome of an earlier case “may further complicate a new bankruptcy case,” and that “These are issues that warrant the advice of competent legal counsel.”²
The Southern District’s page states, “Filing for bankruptcy is a serious decision and should not be taken without considering the long-term financial and legal consequences. While individuals appearing as debtors (including spouses filing jointly), creditors, or other interested parties before this court do not have to be represented by a lawyer, it is recommended that you meet with a lawyer before you file so that you can carefully consider your options.” It adds, “If you choose to represent yourself, you will be expected to comply with applicable law and procedures just like a lawyer,” and that “The Judges, Judges’ Staff, Clerk, or Clerk’s Staff are NOT PERMITTED to provide legal advice.”⁶ The same page links to the court’s free bankruptcy clinics, a free legal consultation registration, and a page of help for debtors without a lawyer.⁶
The courts also point to free help. The Middle District’s legal assistance page refers people who need a bankruptcy attorney to The Florida Bar’s website and describes Bankruptcy Pro Se Assistance Clinics in Jacksonville and Orlando that are “staffed by experienced bankruptcy attorney volunteers.”⁵ The Northern District lists its own Bankruptcy Pro Se Clinic, a bankruptcy bar pro bono initiative, and the Florida State University College of Law Bankruptcy Pro Bono Clinic.³
What the courts say about non-attorney petition preparers
The national judiciary’s page notes, “If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers.”⁴ The Middle District’s General Information sheet describes them directly: “Many typing and transcribing companies advertise as bankruptcy Petition Preparers, and for a fee they will complete your bankruptcy forms with information you provide. Bankruptcy Petition Preparers are NOT attorneys and may NOT give legal advice. A bankruptcy Petition Preparer’s failure to timely and accurately complete your forms may result in the dismissal of your case and may adversely affect any future bankruptcy filing.”²
The same sheet lists two forms tied to petition preparers among the documents that may apply when a petition is filed, the “Disclosure of Compensation of Petition Preparer (B2800)” and the “Bankruptcy Petition Preparer’s Notice, Declaration and Signature (B119).”²
Form America LLC does not act as a bankruptcy petition preparer and does not prepare, type, review, or file bankruptcy forms for anyone.
Notes
- The Florida Bar, Consumer Pamphlet: Consumer Bankruptcy in Florida (updated May 2023)
- United States Bankruptcy Court, Middle District of Florida, General Information for Parties Who Are Not Represented by an Attorney
- United States Bankruptcy Court, Northern District of Florida, Filing Without an Attorney
- United States Courts, Filing Without an Attorney
- United States Bankruptcy Court, Middle District of Florida, Legal Assistance Information
- United States Bankruptcy Court, Southern District of Florida, Don’t Have a Lawyer?
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