Miami Federal Bankruptcy Court Guide

Everything you need to know about the United States Bankruptcy Court for the Southern District of Florida. Address, filing hours, local rules, trustee panel, and pro se resources.

Court Location and Contact

United States Bankruptcy Court for the Southern District of Florida

C. Clyde Atkins U.S. Courthouse, 301 N. Miami Ave, Suite 150, Miami, FL 33128
Phone: (305) 714-1800

Filing Hours and Procedures

Filing Hours: Monday-Friday, 9:00 AM - 4:00 PM ET. Electronic filing (CM/ECF) available 24/7.

Filing Fees: Chapter 7: $338 | Chapter 13: $313 | Chapter 11: $1,738

Fee Waivers: Available for Chapter 7 filers with income below 150% of the federal poverty line. Chapter 13 filers may request installment payments.

Electronic Filing: Attorneys must file through CM/ECF. Pro se debtors may file on paper at the clerk's window or request CM/ECF access.

Local Rules: https://www.flsb.uscourts.gov/local-rules

Trustee Panel Information

Chapter 7 trustees are assigned from the U.S. Trustee panel for Region 21. Standing Chapter 13 Trustees serve the Miami and Fort Lauderdale divisions.

The U.S. Trustee Program oversees the administration of bankruptcy cases and maintains the panel of private trustees. You can find the current trustee panel at justice.gov/ust.

341 Meeting of Creditors

Location: 341 meetings are held at various locations including the courthouse and trustee offices. Many meetings are now conducted by phone or Zoom. Your notice specifies the exact details.

What to Bring: Government-issued photo ID, proof of Social Security number, most recent tax return, recent pay stubs, and recent bank statements.

Timing: The 341 meeting is typically scheduled 20-40 days after filing. You will receive a notice with the exact date, time, and format. For more: 341meeting.org.

Pro Se Resources

The S.D. Florida clerk's office provides petition packages and filing instructions for pro se debtors. The court also maintains a pro se help desk. Legal Aid of Miami-Dade and Coast to Coast Legal Aid may provide free assistance.

Required Forms: All bankruptcy forms are available at uscourts.gov/forms/bankruptcy-forms.

Credit Counseling: You must complete credit counseling from an approved agency before filing. List of approved agencies: justice.gov/ust.

For more pro se filing resources: prosebankruptcy.org | filebankruptcywithoutlawyer.com.

Local Filing Statistics

43,000+
Total Cases in FJC Data
48%
Chapter 7 Filings
48%
Chapter 13 Filings
$338
Chapter 7 Filing Fee

FJC data covering S.D. Florida filings. Source: Federal Judicial Center Integrated Database. Attorney fee ranges are estimates based on local market data.

Exemptions: Florida has a generous homestead exemption with no cap on value, protecting your primary residence. Florida uses state exemptions under Florida Statutes sec. 222.

For detailed exemption information: bankruptcyexemptionsbystate.com.

Frequently Asked Questions

How do I file bankruptcy in Miami?

File at the C. Clyde Atkins U.S. Courthouse, 301 N. Miami Ave, Miami, FL 33128. Complete credit counseling first, prepare your petition and schedules, and pay the filing fee. Attorneys must file electronically. Pro se debtors may file at the clerk's window.

What are the filing fees in the Southern District of Florida?

Chapter 7 costs $338 and Chapter 13 costs $313. Installment plans and fee waivers are available. Attorney fees in Miami typically range from $1,200-$2,500 for Chapter 7 and $3,000-$5,000 for Chapter 13.

Can I keep my house if I file bankruptcy in Florida?

Florida's homestead exemption is among the most generous in the nation -- there is no cap on the value of your home, as long as you have lived in Florida for at least 730 days before filing and the property is on a lot of half an acre or less in a municipality.

Does the S.D. Florida have any special local rules?

Yes. The S.D. Florida requires attorneys to comply with Local Rule 2090-1 (attorney admission), mandates electronic filing for attorneys, and has specific procedures for emergency motions. The court also has a robust loss mitigation program for mortgage modifications.

Where are 341 meetings held in Miami?

Many 341 meetings are now conducted by phone or Zoom. In-person meetings, when held, take place at various locations including the courthouse and trustee offices. Your notice of meeting will specify the exact format and location.

Related Resources

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