Bankruptcy Procedures

Attorney Alternatives takes great pride in providing a quality, accurate, and most of all, an affordable alternative to other Bankruptcy Petition Preparers. We at Attorney Alternatives realize that filing Bankruptcy is an important and difficult decision. Please take a moment to familiarize yourself with our procedures and those of the Bankruptcy Court. If you wish, you may also download a copy of this information by clicking here. If you do not have Adobe Acrobat Reader, click here to get it free.

Step One: Pick Up A Bankruptcy Questionnaire From Attorney Alternatives

Attorney Alternatives will provide you with a bankruptcy questionnaire which you must fill out completely in order for us to type your forms accurately. You may pick up a questionnaire in person at our office, you can download one or we can email you one. Nobody enjoys filling out papers, but please realize that this is the SAME packet you would have to fill out even if you were using an attorney while paying THOUSANDS of dollars more in most cases. Please fill out this packet NEATLY and ACCURATELY. It is better to provide us with MORE information, rather than less.

Step Two: Drop Off Your Questionnaire

If you would like us to proceed and type your forms, 50% of our total fee will be due. The remaining 50% will be due within 2-3 weeks, when your papers are typed.

Step Three: Credit Counseling

After you drop off your questionnaire, please complete your credit counseling course. If you need a list of counseling providers, we would be happy to give you one. After you complete your credit counseling course, you will receive a certificate of completion. This certificate of completion will need to be attached to your bankruptcy forms when you file your papers at court.

Step Four: Review Typed Papers

WE WILL CALL YOU WHEN YOUR PAPERS ARE TYPED AND READY FOR YOU TO REVIEW. At that time, you may pick it up from our office or we can email it to you if you provided us with an email address. We strongly suggest that you take your time and review each and every page VERY CAREFULLY, as you will sign papers under penalty of perjury that the information presented to the court is truthful and correct.

Step Five: Attorney Consultation (Optional)

One very important part of your bankruptcy case is choosing the laws that allow you protect the things you own from being taken from you, including your home, car, bank account and personal property. Since we are not attorneys, we are not allowed to select which laws apply in your case. We have included information in our questionnaire to assist you in performing this very important part of the bankruptcy process. If you do not understand this or do not feel confident choosing the correct laws yourself, we can provide a list of attorneys to assist you. The most affordable of these attorneys charges $85.00 to review your papers, select the correct laws that apply in your case and speak to you on the phone.

Step Six: Sign Typed Papers

After you approve the accuracy of the information we have typed, please call us for an appointment so you can sign your papers in front of us and we can make your copies and prepare your papers for filing. At this final appointment, we will need you to bring your credit counseling certificate of completion and your pay stubs from the last two months (if you receive pay stubs). The court requires that these items be attached to the papers you will file.

When you file your paperwork at court, you must pay the Clerk of the Bankruptcy Court a $299.00 filing fee in CASH or a MONEY ORDER made payable to Clerk, U.S. Courts.

After this, your case will be in the hands of the United States Bankruptcy Court. For your convenience, we have provided a time line outlining their normal procedures:

Day 1: Date of Filing

The Clerk will file your case while you wait and assign you a case number. You may also submit your papers for filing by mail, Fed Ex or a courier of your choosing. Click here for a map of where the court is located.

One of the new requirements is that you MUST complete a financial management course AFTER YOUR BANKRUPTCY IS FILED, BUT BEFORE YOUR DISCHARGE. This is NOT the same credit counseling course you took before your bankruptcy was filed. Click here for a list of court-approved provider (scroll down to Southern District of Florida).

Within 20 days:

The Clerk of the Bankruptcy Court will mail to you and to all of the creditors listed by you a notice which will provide the date, time, and location of your meeting of creditors. This notice will also contain other important information regarding your case, including the name of the trustee assigned to your case. Notices mailed to your creditors will have your address in the sender section of the envelope so that mail that is incorrectly addressed to your creditors will be returned to you. The address the clerk will use for your creditors will be the addresses supplied by you on your papers.

If you do not receive this notice within 20 days, you are responsible for notifying the court that you did not receive the notice by immediately contacting the Noticing Supervisor, Sheila Skinner at (305) 536-7488 or 536-5216. You may call the court's case information system (available 24 hours a day) at 1-800-473-0226 before the 20 day time period is over to determine if the date has been set in the computer, but you must still call Ms. Skinner if you do not receive a copy within the 20 days.

As soon as you receive your meeting notice, you must send a copy of your most recent tax return to your trustee. Your trustee’s name and address will be listed on your meeting notice. DO NOT send copies to the court. If your trustee does not receive these items at least seven days before the meeting date, he or she may postpone your meeting or dismiss your case. Some Trustees may require you to send them additional information or to bring additional items to your meeting. If so, they will send you a letter with details.

On Or About 40th Day: Meeting of Creditors (341 Meeting):

On or about the 40th day, you will attend a Meeting of Creditors, also known as a 341 Hearing in which a Trustee will ask you several questions about your case. If any of your creditors appear (very rare), they will be permitted to ask you questions as well. The meeting is held in the same building where you filed your papers.

YOU MUST BRING YOUR DRIVER’S LICENSE AND SOCIAL SECURITY CARD TO YOUR MEETING. SOME TRUSTEES REQUIRE ADDITIONAL DOCUMENTATION. PLEASE CALL YOUR TRUSTEE IF YOU ARE NOT SURE. IF YOU DO NOT HAVE THE REQUIRED DOCUMENTATION, THE TRUSTEE MAY POSTPONE YOUR MEETING. YOU MUST APPEAR AT THIS MEETING! IF YOU FAIL TO APPEAR, YOUR CASE MAY BE DISMISSED. If you need to reschedule your meeting (only in emergency cases), please contact your Trustee immediately (see the meeting notice for your Trustee's name and phone number). If your Trustee is able to reschedule your meeting, they will probably ask you to file a notice of the new date and time with the court and notify the creditors.

After your meeting (you can take this as early as the day you file your bankruptcy), you must take your Debtor Education Course. This is NOT the same course as the credit counseling you did prior to filing your papers. After you have taken your course, you will receive a certificate of completion. You must send a copy of the certificate to the bankruptcy court. If the court does not have your certificate within 45 days after your meeting of creditors, your case may not be approved. You can file your certificate in person (same place you filed your papers), or you can mail it.

Sixty Days after your Meeting of Creditors:

By this time you should receive a copy of your Discharge. It is probably a good idea to make several copies of this notice, as you will need it when applying for credit in the future, or when dealing with credit reporting agencies. If you ever need additional copies of your Discharge or bankruptcy papers, contact the court at (561) 514-4100.