To begin a Chapter 13 bankruptcy case in the Southern District of Florida, you must submit a comprehensive set of documents to the bankruptcy court. These documents allow the court and your Chapter 13 trustee to understand your financial situation, evaluate your eligibility, and review the feasibility of your proposed repayment plan. Failure to file complete and accurate documentation can result in case delays or even dismissal.
Below is a breakdown of the required documents:
📄 1. Voluntary Petition (Official Form 101)
This is the formal request to begin your Chapter 13 case. It includes your basic information—such as name, address, Social Security number, and type of bankruptcy you’re filing.
📚 2. Schedules A/B through J
These are perhaps the most critical parts of your filing. Each schedule outlines specific aspects of your financial life:
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Schedule A/B – Lists all real and personal property you own (homes, cars, bank accounts, etc.)
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Schedule C – Lists the property you claim as exempt under Florida law
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Schedule D – Lists secured debts (e.g., mortgage, car loan)
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Schedule E/F – Lists priority debts (e.g., child support, taxes) and unsecured debts (e.g., credit cards)
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Schedule G – Lists any executory contracts or leases (e.g., car leases, rental agreements)
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Schedule H – Lists co-debtors
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Schedule I – Discloses current monthly income from all sources
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Schedule J – Lists your monthly household expenses
💳 3. Statement of Financial Affairs (Official Form 107)
This form provides a detailed history of your recent financial activity. It includes information about your income over the past two years, recent payments to creditors, lawsuits, property transfers, and other financial transactions.
📈 4. Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period (Official Form 122C-1)
This form determines whether your Chapter 13 plan will last three years or five years based on how your household income compares to Florida’s median income level.
💰 5. Chapter 13 Calculation of Disposable Income (Official Form 122C-2)
This form helps determine how much disposable income you have available each month to repay your creditors through the plan.
📑 6. Proposed Chapter 13 Repayment Plan (Local Form or Official Form 113)
You must file a detailed proposed plan outlining how you will repay your debts over 3–5 years. It must include provisions for mortgage arrears, car payments, unsecured debts, trustee fees, and attorney fees.
In the Southern District of Florida, the plan must comply with Local Rule 3015-1 and use the district’s approved plan form.
📃 7. Creditor Matrix
A list of all your creditors and their mailing addresses. This enables the court to send official notices to your creditors.
🧾 8. Pay Stubs / Proof of Income
You must file copies of all payment advices (e.g., pay stubs) received in the 60 days prior to filing. If you’re self-employed, you’ll need to provide a profit and loss statement for that period.
🧠9. Certificate of Credit Counseling
You must complete a credit counseling course from a court-approved agency within 180 days before filing. You must file the certificate of completion with the court, or your case may be dismissed.
🧾 10. Tax Returns
You must provide a copy of your most recent federal tax return (typically from the prior year) to the trustee. In some cases, the court may require additional years’ returns, especially if you’re self-employed or behind on tax filings.
📎 11. Filing Fee
The Chapter 13 filing fee in Florida is currently $313, which may be paid in full at filing or requested to be paid in installments, subject to court approval.
🛑 Failure to File All Documents Timely
Under local and federal rules, failure to file all the required documents within 14 days of the initial petition may result in dismissal of your case, even if you have filed the petition itself. Incomplete or inaccurate filings can also lead to trustee objections or confirmation delays.
✅ Summary Checklist
| Required Document | Purpose |
|---|---|
| Voluntary Petition (Form 101) | Initiates case |
| Schedules A–J | Lists assets, debts, income, and expenses |
| Statement of Financial Affairs (Form 107) | Discloses financial history |
| Statement of Current Monthly Income (Form 122C-1) | Determines plan duration |
| Disposable Income Calculation (Form 122C-2) | Determines repayment ability |
| Proposed Chapter 13 Plan | Explains how debts will be repaid |
| Creditor Matrix | Identifies creditors for court notices |
| Recent Pay Stubs or P&L Statement | Proves income |
| Certificate of Credit Counseling | Demonstrates legal eligibility to file |
| Most Recent Tax Return | Required for trustee review |
| Filing Fee ($313 or installment plan) | Required for case to proceed |
Filing for Chapter 13 in South Florida can be complex and document-intensive. A skilled bankruptcy attorney can ensure that every required form is accurately completed and submitted on time, which greatly increases your chances of plan confirmation and successful debt reorganization.
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