What are Florida Bankruptcy Records?

In Florida, bankruptcy records are documents outlining information on individuals and businesses that have filed for bankruptcy under the U.S. Bankruptcy Code. Bankruptcy courts are federal courts that have jurisdiction over all bankruptcy claims and filings in Florida. Florida bankruptcy courts are responsible for the filing, maintenance, and dissemination of bankruptcy records that are made available to the public upon request. The U.S. Bankruptcy Courts of Florida are:

• U.S. Bankruptcy Court for the Middle District of Florida, which offers:
  • Opinions
  • Rules
  • Forms
  • Procedures
  • Government orders
  • Information on Judges
  • Electronic Case Filing (ECF) Systems, such as PACER
• U.S. Bankruptcy Court for the Northern District of Florida, which offers:
  • Opinions
  • Standing orders
  • Rules
  • Forms
  • Calendars
  • Electronic Case Filing Systems, such as PACER
• U.S. Bankruptcy Court for the Southern District of Florida, which offers:
  • Opinions
  • Rules
  • Forms
  • Electronic Case Filing Systems, such as PACER

These courts provide case information, court records, filing and fee information, and information regarding the judge assigned to the case. Florida bankruptcy records may also be obtained through third-party websites such as Floridacourtrecords.us.

What do Florida Bankruptcy Records Contain?

After an individual's request for a Florida bankruptcy record is approved, some or all of the following information is typically included in the record:

• Sources of income
• Gross income
• Assets' values
• Mortgage statements
• Bank statements
• Tax forms
• Vehicle documentation and insurance records
• Investments
• Properties and businesses
• Creditors' information and claims
• The date of filing
• If applicable, alimony, child support, or any marriage settlements

Are Bankruptcy Records Public Information?

Florida bankruptcy records are available to the public upon request. That said, the court may redact certain information regarding the individual's personal information held within the record, such as social security numbers or bank account numbers listed in the bank statements. Details regarding minors held within these documents will also be redacted before the records are disseminated.

Under Florida Statutes Chapter 119, state policies dictate what information within bankruptcy records are made available to the public and what information is exempt. The statue also outlines how and when government agencies should respond and disseminate these records.

Records that are considered public may be accessible from some third-party websites. Such platforms operate independently of government agencies, which might help simplify the search process as they are not limited by geographic location. In addition, most third-party sites offer intuitive tools that inquirers can use to find specific or multiple records. To obtain records, interested parties may need to provide some or all of the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in.

Third-party sites are independent from government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How to Get Florida Bankruptcy Records

Florida bankruptcy records are not available from the clerks of county courts. Inquiries are generally advised to contact the U.S. Bankruptcy Court where the case was filed. Requesting parties may also need to fill out a written request form for the specific courthouse. It is necessary to include all relevant information regarding the individual or company being examined in this request. The addresses and contact information of these courts are as follows:

Northern District of Florida Bankruptcy Courts:

401 SE First Ave.
Gainesville, FL 32601
(866) 639-4615

30 W. Government St.
Panama City, Florida 32401
(866) 639-4615

100 N. Palafox St.
Pensacola, FL 32502
(866) 639-4615

110 East Park Ave., Suite 100
Tallahassee, Florida 32301
(866) 639-4615

Middle District of Florida Bankruptcy Courts:

2110 First St.
Fort Myers, Florida 33901
(813) 301-5162

Note that this location does not accept bankruptcy filings

300 N. Hogan St., Suite 3-150
Jacksonville, Florida 32202
(904) 301-6490

400 W. Washington St., Suite 5100
Orlando, FL 32801
(407) 237-8000

801 N. Florida Ave., Suite 555
Tampa, Florida 33602
(813) 301-5162

Southern District of Florida Bankruptcy Courts:

301 N. Miami Ave.
Miami, FL 33128
(305) 714-1800

299 E. Broward Blvd.
Fort Lauderdale, FL 33301
(954) 769-5700

1515 N. Flagler Drive
West Palm Beach, FL 33401
(561) 514-4100

Individuals may access bankruptcy records online remotely as well as using Florida's filing system known as Public Access To Court Electronic Records, or PACER. This program requires a fee depending on which court the requesting party wishes to access records from. Individuals may visit the PACER Service Center or call (800) 676-6856 to make requests through PACER. The courthouses in Jacksonville, Orlando, and Tampa provide public terminals for accessing these records free of charge.

There are also options for individuals to access bankruptcy records over the phone using the Voice Case Information System or VCIS. This program allows parties to call (866) 222-8029 ext. # 91 to hear the most current case information over the phone for free.

Florida bankruptcy cases that have been archived are typically held in the Middle District of Florida archives. It is possible to access these archived records from the Federal Records Center (FRC).

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

Florida residents sometimes use the PACER program to track the status of a bankruptcy case or claim. This program is available 24 hours a day, seven days a week, and allows individuals to keep track of case summaries and docket information regarding their bankruptcy case and docket details. PACER is a national database that not only operates in Florida but also allows users to access information regarding claims from all over the country. It is also possible to contact or visit the courthouse where the claim was filed.

Can a Bankruptcy be Expunged in Florida?

To expunge a bankruptcy record in Florida, individuals or companies typically have to file a motion to expunge the specific documents. However, these requests are frequently denied for up to 10 years after the case was filed, meaning that the bankruptcy record remains a public record. To file a motion for expungement, make a written request, and mail it to the specific bankruptcy court where the case was filed. Although bankruptcy records are often not entirely expunged upon request, sensitive information regarding financial details and information about minors is generally redactable.

What Disqualifies you from filing Bankruptcies in Florida?

Florida residents may not be eligible to file for bankruptcy for different reasons, such as fraud or falsification of details. There are more popular reasons for disqualifying people from filing for bankruptcy, such as failure to satisfy the credit counseling course requirement. All applicants must complete a compulsory program with an approved institution within 180 days before filing for bankruptcy.

Another reason is the waiting period between bankruptcy filings. For example, there is a 6-year waiting period between a Chapter 13 discharge and another filing, and an 8-year waiting period for Chapter 7 filings. Another common reason for disqualification is when applicants fail the Means Test, which is a specific requirement for Chapter 7 filings.

There are other options for individuals who do not qualify for a Chapter 7 bankruptcy filing in Florida. These options include:

• Chapter 12 for fishermen and farmers
• Chapter 11, which is more expensive and mostly used by businesses.
• Chapter 13, which is for steady income earners and the most adopted alternative by persons who fail the Chapter 7 means test.