Florida Bankruptcy Records

Are Florida Bankruptcy Records Public Information?

Yes, bankruptcy records are open to members of the public in Florida. The public can request these documents through official channels provided by the federal courts. Though most parts of a bankruptcy record can be inspected and copied under 11 U.S.C § 107, there are restrictions specified by the Florida law to certain bankruptcy information. Restricted records include complete financial account details, names of minor children, dates of birth, tax identification numbers, and social security numbers. The courts may also seal or redact some parts of a record upon discovery that its release would cause undue risk or harm to a principal party of the claim.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

• A complete name of the debtor involved in the record
• A bankruptcy case number

What are Florida Bankruptcy Records?

Florida bankruptcy records originate from bankruptcy filings and court proceedings that took place within the state. These court records are matters of public record, as directed by 11 U.S.C. § 107 unless sealed by court order or the law. Bankruptcy proceedings are governed by federal laws or rules and heard in the federal bankruptcy courts. Based in the Middle, Northern, and Southern districts of Florida, these courts are responsible for creating and preserving bankruptcy records, and processing requests for publicly available records. It should be noted that the courts in the state judiciary system do not have the authority to hear bankruptcy cases and cannot provide anyone with bankruptcy records or information.

Obtaining Florida Bankruptcy Records

Interested members of the public can generally obtain bankruptcy records and information from the clerk of the court’s office using in-person or mail request methods. The appropriate clerk’s office for inspection or copying of records is the one that received the initial bankruptcy petition. Requesters can also retrieve bankruptcy information or records from the Phone: (McVCIS) and internet (PACER) records systems operated by the courts.

In addition to the government-operated sites and platforms, third-party websites also provide search and retrieval tools to assist persons who want to obtain Florida bankruptcy case records.

What Do Florida Bankruptcy Records Contain?

A requester can expect to find the following information in a Florida bankruptcy record:

• Information on the debtor’s assets (real properties, bank accounts, etc.) and income sources
• Personal details of the debtor and debtor’s attorney (if any)
• The petition’s chapter (whether chapter 7, 9, 11, 12, 13, or 15)
• Case status
• The U.S. trustee’s information
• The presiding judge and court
• The filing, closing, and discharge dates
• A creditors’ list bearing names, addresses, and money owed
• Schedules
• The debtor’s voluntary petition

How to Get Florida Bankruptcy Records

Individuals can access Florida bankruptcy records online, electronically, or through the clerk’s office. However, once a couple of years (usually 15 years) have passed, the records are sent to the Federal Records Center (FRC) in Ellenwood, Georgia. When this happens, the archived records can only be retrieved from the National Archives and Records Administration (NARA) and not directly from the court.

Online access to bankruptcy files is given through PACER (Public Access to Court Electronic Records) for a small fee. Available 24/7, the PACER system allows members of the public to obtain case and docket information from the Florida bankruptcy courts. An individual must have an account to retrieve electronic records from PACER. For further information on using the service, the PACER Service Center receives inquiries on (800) 676-6856 Note that records provided through PACER are within particular years. Records preceding December 1, 2003, that have been closed for over a year are usually not accessible to everyone except the case parties. Although these cases have restricted access, members of the public can still obtain docket information and sheets via PACER or from the public access terminals at the clerk’s office.

Additionally, the U.S. Bankruptcy Court for the Middle District of Florida also provides information on complex bankruptcy cases on the Complex Case Registry.

Electronic access to bankruptcy records is provided via the McVCIS (Multi-Voice Voice Case Information System). This free voice system allows interested parties to access a court’s live database with a cellphone and obtain basic case information. Callers can interact with the system to obtain results by providing a case number, name, tax ID number, or social security number. A court’s extension can be retrieved by accessing the Court CM/ECF Lookup tool and clicking on the court’s name.

The clerk’s office permits in-person and mail requests for bankruptcy records. There are fees assessed to search and copy records. These fees are similar in the four bankruptcy courts: copies cost $.50 per page if obtained from the clerk’s office, $.10 if printed from the public access computers, $11 to certify a document and $32 for record searches. Note that there is no charge to view records at the public access terminals. Persons requesting via mail must send checks or money orders made payable to the Clerk, U.S Bankruptcy Court. If requesting records from the Florida Middle Bankruptcy Court, individuals must complete a Copy Request Form, include payment, and a self-addressed, stamped envelope to receive copies. This parcel should be mailed to the appropriate divisional office via U.S. Mail.

The procedure for requesting records by mail is similar in the other courts. However, a requester may be required to send a written request instead, containing the docket number, case number, document title, and any other information to help identify the record(s).

Records that have been closed and archived can be obtained from the Atlanta Federal Records Center for a fee. Individuals can request copies (including certified copies) directly from the Center, or apply with a local Archives Request Form to have the record returned to the filing court. A requester will need the record’s box number, location number, and accession (or transfer) number to obtain copies from the FRC. The clerk’s office can provide this information, as well as the local form for the request (typically known as NATF Form 90). There are retrieval fees applicable for requests made through the clerk’s office: $64 for the first boxes and $39 for each extra box. For closed cases filed in the Florida Middle District Court, interested parties can also search the court’s archives using a case number and court location to obtain copies of documents.

Where to Conduct a Free Bankruptcy Case Search in Florida

Anyone interested in a free bankruptcy case search in Florida can access bankruptcy case information at no cost in the following ways:

• Through the Voice Case Information System (VCIS): Individuals can dial (866) 222-8029 with a touch-tone telephone to obtain information about a bankruptcy case filed in Florida. The case information provided is retrieved from the live database of the presiding court.
• At the court clerk's office: Individuals can use the public terminals located at the bankruptcy clerk's office to access case information electronically. The terminals can be accessed during court business hours of the court.
• Through the internet: Interested individuals can access bankruptcy case information through PACER (Public Access to Court Electronic Records). Although the PACER service requires the payment of a nominal fee, individuals involved in defined projects intended for scholarly publication can request a fee waiver from multiple courts.

How Do I Find Out if My Bankruptcy Case is Closed in Florida?

It is quite easy to find out if a bankruptcy case has been closed in Florida. When a case is closed, the debtor will be notified of the action. If the petitioner has an attorney, this notice will be sent to them. Nevertheless, there are still a few ways to check the status of a case: an interested party may contact the appropriate clerk’s office to make inquiries, or use the PACER or McVCIS systems to obtain the information.

Can a Bankruptcy Be Expunged in Florida?

In Florida, an expungement order removes all information and court proceedings associated with a claim. In most situations, a bankruptcy cannot be expunged. One significant reason is that it is a public record, and the petitioner was fully aware of the consequences of a bankruptcy filing, such as credit reporting for up to 10 years (15 U.S.C. § 1681c).

However, the courts allow individuals to file motions to redact or expunge their bankruptcy records per 11 U.S.C. §§ 105 and 107. It is worth noting that these motions are granted in rare instances. For example, if a debtor did not consent to or authorize the bankruptcy filing, as seen in the In re Michael Ferrera, Case No. 8:13-bk-15976-CPM case. Other instances include fraudulent filings, protecting trade secrets, and shielding a party from defamatory or scandalous matters.

What is the Downside of Filing for Bankruptcy in Florida?

The downsides of filing for bankruptcy in Florida may include any of the following:

• The debtor's credit score will be affected.
• Filing for bankruptcy makes it harder to borrow money.
• Filing for bankruptcy does not automatically erase all the debts owed.
• Debtors may lose properties and assets not covered by exemptions.

However, filing for bankruptcy in Florida also has its benefits. Some of the benefits include:

• It provides debtors the opportunity for a fresh start in the event of discharged debts.
• It prevents debtors from foreclosure, wage garnishment, evictions, etc.
• It prevents creditors from calling or suing as well as overtaking the debtor's properties and assets.
• It provides access to counseling that enables debtors to make better financial decisions.

What is Chapter 11 Bankruptcy in Florida?

Chapter 11 bankruptcy in Florida, also known as Reorganization bankruptcy, allows businesses in debt to remain in control while developing a repayment plan. The type of bankruptcy allows the debtor to restructure rather than liquidate. Another upside of the chapter 11 bankruptcy is that the business can still borrow additional money to run the business. Also, business debtors may obtain lower interest rates on loans after filing for Chapter 11.

Corporations, partnerships, and limited liability companies (LLCs) are mostly eligible to file a Chapter 11 bankruptcy. Individual debtors who run a business are also eligible to file a Chapter 11 bankruptcy. A Chapter 11 bankruptcy record may last ten years on the credit report after filing for bankruptcy.

What is Chapter 7 Bankruptcy in Florida?

In Florida, Chapter 7 bankruptcy is the type of bankruptcy that provides liquidation of assets and properties to debtors. The bankruptcy court appoints a trustee who oversees the sales of the debtor's non-exempt properties and assets and distributes the proceeds to repay creditors. The Chapter 7 bankruptcy is available to individuals, partnerships, corporations, or other business entities.

Under Chapter 7, individual debtors are eligible for debt discharge regardless of the amount owed. Therefore, the Chapter 7 bankruptcy is regarded as a fresh start. Examples of such debts include medical bills, personal loans, income tax debts, etc. However, debts such as spousal support, court fees and penalties, and child support are examples of debts not exempted. Chapter 7 bankruptcy report may last 10 years on a debtor's credit record.

What is Chapter 13 Bankruptcy in Florida?

Chapter 13 bankruptcy in Florida is a type of bankruptcy that allows debtors to develop repayment plans for debts owed. The Chapter 13 bankruptcy is only available to debtors with regular income. Therefore, it is also known as a Wage Earner Plan. Interested persons who wish to file a Chapter 13 will avoid liquidation, thereby having control over their assets. The repayment plan is usually set between 3 to 5 years.

Individuals with a regular income stream are eligible to file a Chapter 13 bankruptcy, regardless of whether they are self-employed or employed by a company. However, the individual’s unsecured debts must be less than $250,000 while the secured debts must be less than $750,000 as stated in 11 U.S.C. § 109(e). Also, the amounts for secured and unsecured debts are often adjusted to reflect changes in the consumer price index.

Aside from allowing individuals to avoid liquidation, filing a Chapter 13 allows the rescheduling of secured debts. The secured debt is not limited to the mortgage of their residence. Chapter 13 bankruptcy acts like consolidation loan where debtors make payments to the Chapter 13 trustee who oversees the distribution to creditors. Debtors under Chapter 13 do not have to contact creditors.

Also, Chapter 13 may protect co-signers to a debt loan from repaying the debt. Chapter 13 bankruptcy report may last 7 years on a debtor's credit record.

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Florida?

Aside from the names, below are some of the differences between Chapter 7 and Chapter 13 in Florida:

• Chapter 7 allows debtors to liquidate their properties and assets to settle the debts, while Chapter 13 allows debtors to retain control of their properties and assets and develop a repayment plan.
• Chapter 7 can be filed by both individuals and businesses, while Chapter 13 can only be filed by individuals with regular income.
• Debtors who file Chapter 7 bankruptcy will have their unsecured debts discharged, while debtors who file Chapter 13 may have to make full or partial repayment of their unsecured debts.

What is Bankruptcy Protection in Florida?

Bankruptcy protection is the process where a bankruptcy court prevents the collection of a debtor's property or asset by a creditor. The process is also known as Automatic Stay. Filing a bankruptcy petition applies an automatic stay that protects a debtor's assets and properties through the period of the bankruptcy.

What are Florida Bankruptcy Exemptions?

Florida bankruptcy exemptions protect a debtor's property and assets during bankruptcy. Residents in Florida who have filed for bankruptcy are expected to use the state’s bankruptcy exemptions. However, a debtor is only eligible to use Florida’s bankruptcy exemptions if they have lived in the state for more than 730 days. Otherwise, a debtor may require to use another state’s exemptions. Examples of Florida’s bankruptcy exemptions, as established in Title XV, Chapter 222 of the state's statute, include:

• Florida's Homestead Exemption 222.01 and 222.02
• Florida Motor Vehicle Exemption 222.25(1)
• Exemption of wages from garnishment 222.11
• Exemption of pension money and certain tax-exempt funds 222.21

What are the Other Types of Bankruptcy in Florida?

Aside from Chapter 7, Chapter 11, and Chapter 13, another type of bankruptcy chapter available in Florida is Chapter 12. Chapter 12 is a form of bankruptcy designed for family farmers and family fishermen. This type of bankruptcy allows debtors to restructure by having a payment plan rather than liquidating their assets.

How Much Does It Cost to File Bankruptcy in Florida?

Federal laws stipulate bankruptcy fees. As a result, the cost of filing bankruptcy cases across U.S. states is the same. For instance, a chapter 7 bankruptcy petition costs $338 to file, while a chapter 13 bankruptcy petition costs $313. Also, a uniform conversion fee applies if an individual wants to convert one bankruptcy case to another.

Granted, a bankruptcy petitioner can request a waiver of the bankruptcy filing fee. However, the party's income must be less than 150% of the federal poverty guidelines to qualify. Alternatively, a petitioner may request an installment plan to pay the bankruptcy fee. If the court approves, a down payment will be required, with the balance to be paid in installments.

The cost of filing for bankruptcy in Florida also includes legal fees, which vary depending on a lawyer's legal expertise, the case's complexity, and the filing location. For example, in Florida, the client may pay $1,500 to $2,500, at the least, to file a chapter 7 bankruptcy. While bankruptcy petitioners can represent themselves in court to reduce legal costs, it is only advisable to do so when one is familiar with the court procedures and requirements.