Filing Bankruptcy

Filing Bankruptcy

Why Filing for Bankruptcy Shouldn’t be a DIY Project

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Filing for bankruptcy “pro se” means representing yourself without an attorney. The bankruptcy process involves complex rules, forms, laws, and court decisions, making self-representation risky. Some people choose this approach because they believe they cannot afford an attorney or their case is straightforward. Regardless of the reason, filing without legal guidance is not advisable.

Here are some of the most common problems with filing for bankruptcy pro se (without an attorney):

  • Filing the wrong type of bankruptcy – Each type of bankruptcy is designed to solve specific problems.  Property is treated very differently when it comes to Chapter 7 and Chapter 13.  If you file the wrong Chapter bankruptcy, you run the risk of losing valuable property or end up not being able to discharge certain debts.
  • Losing valuable property that could have been protected — Personal bankruptcy allows you to claim exemptions that can protect your home and even your business. In a Florida Chapter 7 case, state bankruptcy exemptions can help safeguard your property. Florida’s homestead exemption is among the most generous in the country. To use Florida’s exemptions, you must have lived in the state for at least 730 days before filing your bankruptcy petition. Learn more about common Florida bankruptcy exemptions.
  • Filling out the bankruptcy forms incorrectly — Your bankruptcy petition must be accompanied by documents listing all debts, creditors, and assets. Errors or omissions can cause delays, additional costs, or dismissal of your case.
  • Experiencing continued creditor harassment – When you hire an attorney to file your bankruptcy, creditors are required by law to only speak with your attorney and may no longer harass you about your debt.  If you choose to represent yourself in bankruptcy, the lender may try and lift the automatic stay, which is what protects you from continued creditor calls while your bankruptcy is ongoing.   A consumer has specific rights when a creditor violates the automatic stay.
  • Missing required education courses — Chapter 7 and Chapter 13 filers must complete approved credit counseling before filing and a financial management course before receiving a discharge. These requirements can confuse pro se filers. Failure to file the required certificate can result in dismissal of the case.

Understanding these issues is important if a creditor challenges whether a debt can be discharged, the trustee alleges fraud, or another legal dispute arises. An attorney’s guidance is essential to successfully responding to a complaint or motion.

If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Related Resources:

O’Niell, Cara. “Filing for Bankruptcy Without an Attorney.” NOLO, 27 August, 2026.  https://www.nolo.com/legal-encyclopedia/pitfalls-filing-chapter-7-bankruptcy-without-attorney.html

Filing Bankruptcy, Life After Bankruptcy, Rebuilding Credit

What Happens After Bankruptcy?

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After filing for bankruptcy, you will likely have questions about how it will affect your credit and what steps you can take to move forward.

What can I expect the first year after filing bankruptcy?

A bankruptcy discharge releases you from personal liability for qualifying debts. In Chapter 7, you can be free and clear of your debts within a few months after filing; in Chapter 13, it generally comes after you complete the repayment plan.

Prioritizing your financial stability should be a top priority one year after filing. Avoid taking on any new debt. Many people receive credit card offers in the mail soon after filing bankruptcy. And while it can be tempting, it’s best to avoid these offers. Instead, focus on managing your monthly expenses, building an emergency fund, and reducing any major expenses.

A reason people hold off on filing bankruptcy is the fear of what it will do to their credit and financial future. While filing for bankruptcy will impact a person’s credit score, this damage is not irreparable.

After bankruptcy, you can begin taking steps right away to improve your credit history.

  1. Pull a copy of your credit reports for free by visiting https://www.annualcreditreport.com/.
  2. Make sure your credit reports are accurate. The accounts that were discharged in bankruptcy should be closed. If any discrepancies are found, these errors should be reported right away to the credit bureaus via a formal dispute.
  3. Prioritize making future payments on time. It sounds simple, but on-time payments and responsible credit card use can significantly help you recover from bankruptcy.
  4. Open a new line of credit. After some time has passed and you feel financially stable, consider opening a new line of credit with a reputable lender to reestablish healthy credit habits.
  5. Creating a budget is important after completing a bankruptcy case. Write down all necessary living expenses and track how much of the consumer’s income can be used to go towards paying these costs. A good rule of thumb when budgeting is to follow the 50/30/20 rule. What this entails is 50 percent of the consumer’s income goes towards meeting his or her needs. Another 30 percent would be set aside for items that are considered not necessary or are wanted, while 20 percent of the monthly income goes towards savings.

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Facing financial hardship and considering bankruptcy? An experienced Miami bankruptcy attorney can guide you through the process. Timothy Kingcade combines his experience as a CPA and bankruptcy lawyer to help clients protect their assets and achieve successful results under bankruptcy law. Since 1996, Kingcade Garcia McMaken, P.A., has helped people from all walks of life build a brighter future. Each year, our firm helps thousands of people use bankruptcy protection to restart, rebuild, and recover. We contact your creditors the day you hire us to stop the harassment. Find more consumer information at www.miamibankruptcy.com.

Bankruptcy Law, Filing Bankruptcy

Bankruptcy Checklist: The Financial Documents Needed to File Bankruptcy in Florida

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At the start of a bankruptcy case, the filer is asked to fill out certain forms, including disclosures regarding their financial affairs. This disclosure includes the person’s income, expenses, assets, debts, and any property transfers.

The filer will also need to provide supporting documentation. The documents required are similar for Chapter 7 and Chapter 13 cases, with slightly different variations. It is often helpful to check with the bankruptcy trustee to ensure that all required documentation is submitted. Some trustees require more proof than others, and many times, this evidence will also be determined by the facts of the individual’s case.

The following are some of the most requested documents in bankruptcy:

  • Tax Returns

The bankruptcy court will require the filer to provide copies of his or her tax returns or tax transcripts for the last two years in a Chapter 7 bankruptcy case and the last four years in a Chapter 13 bankruptcy case. If the filer was not required to file tax returns for certain reasons such as his or her sole income source was nontaxable disability benefits, the filer will need to provide a short letter explaining why.

If the consumer does not have tax returns simply because he or she forgot to file, the bankruptcy trustee will likely require him or her to file taxes and provide copies of the tax returns before continuing with the case, especially for a Chapter 13 bankruptcy.

  • Proof of Income

The bankruptcy court will want to see proof of the filer’s income through pay stubs for the last six months and the filer’s last W-2 (officially the “Wage and Tax Statement”). If the person receives other income sources, such as Social Security funds or disability, he or she will want to supply proof of these as well.

Filers who are self-employed may need to do a little more in terms of proof of income. Self-employed bankruptcy filers will need to provide a year-to-date profit and loss (P&L) statement, including statements for the last two full years prior to filing.  Bank statements for the business may also be required to verify profit and loss amounts.

  • Home Documentation

If the filer owns any real estate, the court will require him or her to provide proof of the property’s fair market value.  This value can be done through a full appraisal, a broker’s price opinion, or an online valuation, so long as the value given is fair and reasonable in the current market.

The court will also ask for proof of any liabilities on the home, including mortgage statements. They may also require proof of home insurance.

  • Vehicle Documentation

If the filer has a car, he or she will need to provide proof of its value to the court. Most bankruptcy trustees will take online printouts from Kelly Blue Book or the National Automobile Dealers Association. If the car has a loan on it, the filer will also need to supply a loan statement showing how much is owed, as well as how much the monthly payment is.

  • Bank Account and Retirement Account Statements

The bankruptcy court will ask for recent bank and retirement account statements for all accounts owned by the filer.

  • Proper Identification

The filer will need to bring valid photo identification, such as a driver’s license and proof of his or her social security number.

  • Additional Documentation

The bankruptcy trustee may require additional documents for the case, including proof of child support or marital settlement agreement, detailing property distribution, and any other unusual expenses the filer pays.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. To learn more, visit the Kingcade Garcia McMaken website at www.miamibankruptcy.com.