From your first call to your final discharge — here's how the process works, step by step.
At your first call, we'll need some basic information to understand your situation:
After reviewing this information, we'll confirm what documents you need to prepare — and give you a flat-fee quote.
Before filing a Chapter 7 or Chapter 13 bankruptcy, you must complete a pre-filing briefing on credit counseling options.
The counselor will assist you with a budget analysis. This must be completed within 180 days before your case is filed.
When your case is filed, you must submit the certificate you receive from the approved nonprofit budget and credit counseling agency. We can provide you with a list of approved agencies in Florida.
If you decide to move forward, we will prepare your Petition for Bankruptcy based on the information you provide. You will review it carefully before signing.
If you are filing Chapter 13, we also prepare the Chapter 13 Plan, which sets out your monthly payment amount to be distributed to your creditors over time.
After you sign the Petition and pay the court filing fee, you file it with the Bankruptcy Court.
The moment your case is filed, a Trustee is appointed and the automatic stay goes into effect.
Creditors must stop contacting you. Any further contact can be reported. The stay also stops:
If creditors continue to harass you after filing, the Fair Debt Collection Practices Act (FDCPA) may provide additional protections. Consult a licensed attorney about your rights.
The Court sets a date for a Meeting of Creditors, also called the "341 meeting." This takes place 4 to 6 weeks after filing.
This is usually a brief, informal hearing. The Trustee will question you about your assets and debts. Creditors can attend, but most of the time they do not.
What to bring:
Most meetings take only a few minutes. There is no reason to feel anxious — the setting is informal, and the Trustee is not a judge.
If you filed Chapter 13, there is one additional hearing you must attend — the Hearing on Confirmation. It takes place after the Meeting of Creditors.
At this hearing, the Trustee makes a recommendation to the judge about whether your proposed payment plan satisfies the requirements of the Bankruptcy Code.
The judge then gives final approval to your repayment plan — or asks for adjustments.
All Chapter 7 and Chapter 13 debtors must complete a Financial Management Course before receiving a discharge.
This course is intended to help you identify and correct the financial habits that led to bankruptcy — and to build a stronger financial future.
Your case is usually completed approximately 90 days after your Meeting of Creditors.
You will receive a single-page document titled Discharge of Debtor from the court — the official order relieving you of your obligation to pay your discharged debts.
The discharge order is issued upon successful completion of your repayment plan — usually 3 to 5 years.
After discharge, creditors are permanently prohibited from collecting the discharged debts.
Important: The discharge in a Chapter 7 case does not eliminate all debts. Some debts — like student loans, recent taxes, child support, and alimony — are typically not dischargeable. Consult a licensed attorney to understand how this applies to your situation.
The decision to file bankruptcy — and how to approach it — should be taken seriously. Mistakes can have long-term consequences, and you'll have many questions throughout the process.
That's why getting organized early and understanding each step makes a real difference. We prepare the documents — you make the decisions.
START YOUR FREE EVALUATION →Call us. We'll walk you through every step.