FLORIDA NOTIFICATION OF CHAPTER 13

CREATE YOUR MOTION (FLORIDA)

A Notice of Chapter 13 Bankruptcy Filing is used to formally notify the eviction court that you have filed a Chapter 13 bankruptcy case in federal court. Once a Chapter 13 is filed, an automatic stay immediately goes into effect by operation of federal law, stopping most eviction proceedings. This notice informs the court that it must halt further action unless and until the bankruptcy court grants relief from the stay.

You should file this notice if you have filed a Chapter 13 bankruptcy and an eviction case is currently pending against you, a writ of possession has been issued or is pending, or the court has scheduled a hearing or trial. The notice is appropriate whether or not the eviction court has already taken action—federal bankruptcy law supersedes state court proceedings.

Before preparing this notice, gather your eviction court case number, the bankruptcy court where you filed, your bankruptcy case number, and the date and time your Chapter 13 was filed. You do not need legal citations or legal writing experience.

To prepare the notice, you will generate a simple filing that identifies your bankruptcy case and informs the eviction court that the automatic stay is in effect. This filing does not argue facts or law—it simply places the court on formal notice that jurisdiction has shifted to the bankruptcy court.

Once prepared, review the notice carefully to ensure the bankruptcy case number and filing date are accurate. Sign the notice by printing and signing or applying a valid electronic signature.

File the signed notice with the eviction court immediately using the court’s e-filing system and serve the landlord or landlord’s attorney as required. Timing is critical—this notice should be filed as soon as the bankruptcy is filed, especially if a writ of possession or lockout is imminent.

After filing, the eviction court must pause proceedings covered by the automatic stay. Any actions taken in violation of the stay may be void or voidable. If necessary, the bankruptcy court has authority to enforce the stay and address violations.

This notice is powerful because it invokes federal law that overrides state court proceedings, immediately stops most eviction actions, and preserves your right to reorganize debt under Chapter 13. It creates a clear record that the court was informed of the stay.

You are not asking the eviction court for permission—you are notifying it of a legal fact that changes what it is allowed to do. Once this notice is filed, the automatic stay is in effect, and the law is working for you.

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