Florida Bankruptcy Guide

Complete guide to filing bankruptcy in Florida, including current median income requirements, Florida's unlimited homestead exemption, bankruptcy court information, and how to find qualified bankruptcy attorneys throughout the state.

Florida Median Income for Bankruptcy (2026)

To qualify for Chapter 7 bankruptcy in Florida, your household income must be below these median income levels. If your income exceeds these amounts, you may still qualify through the detailed means test or need to consider Chapter 13 bankruptcy.

Household Size	Annual Median Income	Monthly Median Income
1 person	$55,952	$4,663
2 people	$68,794	$5,733
3 people	$76,372	$6,364
4 people	$90,285	$7,524
5 people	$99,285	$8,274
6 people	$108,285	$9,024

Note: For households larger than 4, add $9,000 per additional person. These figures are updated annually by the U.S. Trustee Program.

Calculate Your Florida Eligibility

Florida Bankruptcy Exemptions

Florida offers some of the strongest bankruptcy protections in the United States, particularly for homestead property. Florida filers must use state exemptions and cannot choose federal bankruptcy exemptions.

Florida Homestead Exemption

Unlimited value on up to ½ acre in a municipality or 160 acres elsewhere.

Florida's homestead exemption is one of the most protective in the nation. There is no dollar limit on the value of your primary residence, meaning you can protect a multi-million dollar home as long as it meets the acreage requirements. The property must be your primary residence, and you must have owned it for at least 1,215 days (approximately 40 months) before filing bankruptcy to claim the full unlimited exemption.

If you purchased your homestead less than 1,215 days before filing, the exemption is capped at $189,050. This cap doesn't apply if you're upgrading from a previous Florida homestead.

Florida Personal Property Exemption

Up to $1,000 in personal property (or $4,000 if you don't claim homestead).

Florida's personal property exemption is relatively limited compared to the homestead exemption. However, if you don't own a home or choose not to claim the homestead exemption, you can claim up to $4,000 in any personal property instead of the standard $1,000.

Florida Vehicle Exemption

Up to $1,000 in vehicle equity.

Florida allows you to protect up to $1,000 of equity in one motor vehicle. If you owe more on your car than it's worth (or the equity is under $1,000), you can typically keep your vehicle by continuing to make payments through a reaffirmation agreement in Chapter 7 or through your payment plan in Chapter 13.

Other Key Florida Exemptions

• Wildcard Exemption: If you don't claim homestead, you can protect up to $4,000 of any property
• Wages: Head of household wages are fully exempt; otherwise up to $750 of disposable weekly wages are protected
• Retirement Accounts: Fully protected including 401(k), IRA, pension plans, and government retirement benefits
• Life Insurance: Cash surrender value of life insurance is fully exempt
• Annuities: Proceeds and cash value are exempt
• Public Benefits: Social Security, unemployment, workers' compensation, veteran's benefits, and disability benefits are fully protected
• Tools of Trade: No specific exemption (use personal property or wildcard exemption)
• Tenancy by Entirety: Property owned jointly by married couples is protected from debts owed by only one spouse

Filing Bankruptcy in Florida

Chapter 7 Bankruptcy in Florida

Chapter 7 bankruptcy is the most common type filed in Florida. It typically takes 3-4 months from filing to discharge and eliminates most unsecured debts including credit cards, medical bills, personal loans, and past-due utility bills. Thanks to Florida's generous homestead exemption, homeowners can often keep their property even if they have significant equity.

To qualify for Chapter 7 in Florida, you must pass the means test by having income below the state median or by demonstrating insufficient disposable income after allowable deductions. You must also complete credit counseling from an approved agency within 180 days before filing.

Learn more about Chapter 7 bankruptcy →

Chapter 13 Bankruptcy in Florida

Chapter 13 bankruptcy allows Florida residents to keep their property while repaying some or all of their debts through a 3-5 year court-approved payment plan. This option is particularly beneficial if you're behind on your mortgage or car payments and want to catch up while stopping foreclosure or repossession.

Chapter 13 is also useful if your income is too high to qualify for Chapter 7, if you have non-exempt assets you want to protect beyond Florida's exemptions, or if you have priority debts like recent taxes or child support arrears. Your monthly payment is calculated based on your disposable income and the value of non-exempt property.

Learn more about Chapter 13 bankruptcy →

Bankruptcy Courts in Florida

Florida is divided into three federal bankruptcy court districts, each with multiple court divisions:

Middle District of Florida

Main Divisions: Jacksonville, Orlando, Tampa

The Middle District covers central Florida including Jacksonville, Orlando, Tampa, Ocala, and Fort Myers. This is the largest district by geographic area and serves a significant portion of Florida's population.

Court locations: Jacksonville, Orlando, Tampa, Fort Myers, and Ocala.

Northern District of Florida

Main Divisions: Pensacola, Tallahassee, Panama City

The Northern District covers the Florida Panhandle and includes Pensacola, Tallahassee, Panama City, and Gainesville areas. This is Florida's smallest district by population but covers a large geographic area.

Court locations: Pensacola, Tallahassee, and Panama City.

Southern District of Florida

Main Divisions: Miami, West Palm Beach, Fort Lauderdale

The Southern District covers South Florida including Miami, Fort Lauderdale, West Palm Beach, the Florida Keys, and Fort Pierce. This district has the highest number of bankruptcy filings in Florida.

Court locations: Miami, Fort Lauderdale, and West Palm Beach.

You must file in the district where you have lived for the greater part of the 180 days before filing. Visit the U.S. Courts website for specific court locations, filing fees, and local filing procedures.

Florida Residency Requirements

To use Florida bankruptcy exemptions, you must have been domiciled (legally residing) in Florida for at least 730 days (2 years) before filing bankruptcy. If you've lived in Florida for less than 2 years, you must use the exemptions from the state where you lived for the 180 days immediately before the 2-year period.

To claim the full unlimited homestead exemption, you must have owned and resided in your Florida homestead for at least 1,215 days (approximately 40 months) before filing. If you owned the property for less than 1,215 days, the homestead exemption is capped at $189,050.

Find a Florida Bankruptcy Attorney

Most Florida bankruptcy attorneys offer free initial consultations. Given Florida's unique exemption laws and strong homestead protections, consulting with a Florida bankruptcy attorney is highly recommended to ensure you maximize the protections available to you.

What a Florida Bankruptcy Attorney Can Do

• Determine which bankruptcy chapter is best for your financial situation
• Help you maximize Florida's exemptions to protect your assets, especially your home
• Ensure you meet Florida-specific residency and homestead timing requirements
• Navigate tenancy by entirety protections for married couples
• Complete and file all required bankruptcy paperwork accurately
• Represent you at the 341 meeting of creditors
• Handle any creditor objections or trustee issues
• Guide you through the entire process from filing to final discharge

Cost of Filing Bankruptcy in Florida

Chapter 7 bankruptcy attorney fees in Florida typically range from $1,000 to $2,500, plus a $338 court filing fee. Fees in South Florida (Miami, Fort Lauderdale) tend to be on the higher end, while North and Central Florida fees are often lower.

Chapter 13 attorney fees typically range from $3,000 to $4,500, plus a $313 filing fee. In Chapter 13, attorney fees are usually paid through your repayment plan rather than upfront.

Many Florida attorneys offer payment plans for Chapter 7 cases to make bankruptcy more accessible.

Florida-Specific Bankruptcy FAQs

Can I keep my house in a Florida bankruptcy?

Yes, in most cases. Florida has one of the strongest homestead protections in the United States. You can keep a home of unlimited value as long as it's on ½ acre or less within a municipality or 160 acres or less outside a municipality. You must have owned the property as your primary residence for at least 1,215 days before filing to claim the unlimited exemption. If you owned it for less time, the exemption is capped at $189,050.

Can I keep my car in a Florida bankruptcy?

Possibly. Florida allows you to exempt up to $1,000 of equity in one vehicle. If your car has more equity than $1,000 and you can't cover the excess with the wildcard exemption, the trustee could sell it. However, if you owe more than your car is worth or have minimal equity, you can typically keep it by continuing payments through a reaffirmation agreement.

What if I don't own a home in Florida?

If you don't own a home or choose not to claim the homestead exemption, you can use the wildcard exemption to protect up to $4,000 of any personal property. This can be used to protect vehicle equity, bank accounts, household goods, or any other property.

Are my retirement accounts safe in Florida bankruptcy?

Yes. Florida fully protects all retirement accounts including 401(k) plans, IRAs, pensions, and government retirement benefits. These funds are completely exempt from creditors in bankruptcy.

What is tenancy by the entirety in Florida?

In Florida, property owned jointly by a married couple as "tenancy by the entirety" is protected from debts owed by only one spouse. This can protect jointly owned real estate, bank accounts, and other assets even if they exceed the normal exemption limits, as long as the debt is in only one spouse's name.

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