Filing for Bankruptcy in Florida

Expert Florida bankruptcy guide: Eliminate debt, protect assets, and get your fresh start in 2025.

By , Attorney University of the Pacific McGeorge School of Law
Updated 11/19/2025

Bankruptcy in Florida provides a way to eliminate debts and protect assets under generous exemption laws. Chapter 7 offers fast debt relief if you qualify, while Chapter 13 helps protect assets and catch up on missed payments through a repayment plan.

This comprehensive guide will help you get started by answering common questions and explaining Florida's exemptions, eligibility requirements, and the step-by-step process. You'll learn what property is protected, how the means test affects eligibility, and what paperwork and deadlines to expect in Florida bankruptcy courts.

Florida Bankruptcy Eligibility Requirements 2025

Economic changes are making it increasingly difficult for American families to weather job losses, illnesses, and other emergencies, leading to a rise in bankruptcy filings nationwide. If you're one of the many households struggling financially, there's a way out. Filing for bankruptcy in Florida can provide a structured, lawful way to rebuild your finances and get you back on your feet.

How to File for Bankruptcy in Florida

Below are the key differences between Chapter 7 and Chapter 13 in Florida to help you decide which chapter best fits your goals.

Chapter 7 "Liquidation" Bankruptcy Chapter 13 "Repayment Plan" Bankruptcy Citations

Duration to Discharge

 Three to six months. Three to five years. 11 U.S.C. § 727(a); § 1322(d)

Filing Fee

 $338 $313 28 U.S.C. § 1930; as of October 2025 (subject to change)

Potential Property Loss

 Yes. Nonexempt assets are sold for creditors. No. Filers pay the value of nonexempt assets through the plan and keep the property. 11 U.S.C. § 541, § 726, § 1322(b)(2)

Means Test Required

Yes. Income can't exceed limits; filers must not have disposable income to repay debts.

 No. However, filers must earn enough to pay the required Chapter 13 plan amount. 11 U.S.C. § 707(b); § 1325(b)

Debt Limits

 None Unsecured $526,700; secured $1,580,125.

11 U.S.C. § 109(e); April 1, 2025 - March 31, 2028

Best For

 Lower income, limited assets.

Regular income, want to avoid property loss.

 11 U.S.C. § 101(10A); § 109(e)

Biggest Benefits

 Erases most debts quickly without requiring repayment.

Saves homes and cars by catching up on payments over time; can pay to keep property that would be lost in Chapter 7; can repay nondischargeable debts over time.

 11 U.S.C. § 362 (automatic stay)

Main Downsides

 Property not covered by exemptions is lost.

The repayment plan requires payment of all disposable income to creditors for years, with court oversight. Payment isn't always affordable.

 11 U.S.C. § 727(a); § 1307

Mortgage and Car Payments

 No catch-up for missed payments, risk of property loss to the lender. Can catch up on missed payments in the plan and keep a house, car, or other property serving as collateral. 11 U.S.C. § 1322(b)(5)

Nondischargeable Debts

Debts that aren't eliminated include child support, many taxes, and student loans. Debt will remain after bankruptcy.

 Nondischargeable debts are repaid in the plan. 11 U.S.C. § 523(a)

Previous Filings

 Eight years after a prior Ch. 7; six after Ch. 13.

Four years after Ch. 7; two years after Ch. 13.

 11 U.S.C. § 727(a)(8); § 1328(f)

Chapter 7 Bankruptcy in Florida: Quick Debt Relief

If your primary goal is to erase debt fast, Chapter 7 is the best option. It eliminates many debts, such as credit cards and medical bills, typically within a few months. However, you could lose property exceeding Alabama's exemption limits because the Chapter 7 trustee can sell that property to repay creditors.

Who Qualifies for Chapter 7 Bankruptcy in Florida

The steps you'll need to take will depend on whether your income falls below or above your state's median income. The U.S. Trustee Program "Means Testing" page has current amounts.

Qualifying With Below-Median Income

If your gross yearly family income is below Florida's median income for your family size, you qualify. For a filing between November 1, 2025 and May 14, 2026, you would be eligible at or below the following limits:

  • $68,085 for a one-person household
  • $84,305 for a two-person household
  • $95,039 for a three-person household, and
  • $111,819 for a four-person household.

Add $11,100 per individual over 4.

Qualifying With Above-Median

If your gross family income is higher than the median, an additional "means test" calculation is necessary to determine your eligibility. This test lets you subtract expenses from your income and determines whether you have anything left to pay creditors.

Take the bankruptcy eligibility quiz. Find out about particular issues and whether you qualify by taking the Chapter 7 bankruptcy quiz.

Chapter 13 Bankruptcy in Florida: Repayment Plans to Keep Your Home

Chapter 13 creates a repayment plan lasting three to five years. Most people pay a minimal amount toward debts they can discharge (erase).

Chapter 13 vs. Chapter 7 Bankruptcy in Florida

Chapter 13 can help prevent foreclosure or repossession, allowing filers to keep assets like homes and cars while catching up on missed mortgage or vehicle payments. Because Chapter 7 doesn't have a repayment plan, filers risk losing their homes or vehicles if they file when they're behind.

Chapter 13 Income Requirements and Eligibility in Florida

A fundamental requirement for Chapter 13 is having a regular income source to fund your repayment plan. Also, your total debt must fall within specific limits, which are updated periodically (check the chart above for current amounts).

Try the payment calculator. Estimate your Chapter 13 repayment plan in minutes using the Chapter 13 payment calculator.

Florida Bankruptcy Exemptions: What You Can Keep

You keep assets protected by specific Florida bankruptcy exemptions (federal exemptions aren't available). Florida exemptions usually apply only if the debtor has been domiciled in Florida for at least 730 days before filing, and otherwise, the debtor might need to use another state's exemptions. Learn what happens when you move to a new state before filing for bankruptcy.

Florida Bankruptcy Exemptions Explained (2025)

Florida's bankruptcy exemptions protect various assets, which are detailed below.

Exemption

Amount

Statute

Homestead
  • Unlimited equity in principal residence (160 acres outside a
    municipality or one-half acre inside a city.
  • A house, mobile home, or a modular home on property the filer doesn't own is exempt as a residence.
  • Homestead exemption is limited to $214,000 if owned for less than 1,215 days (April 1, 2025 - March 31, 2028).
  • Tenancy by the entirety protections are available in certain situations.

Fla. Const. Art. X, § 4;
11 U.S.C. § 522(p)

Motor Vehicle
  • $5,000 equity

Fla. Stat. § 222.25(1)

Personal Property
  • $1,000, or
  • $4,000 if the homestead exemption isn't used.

Fla. Stat. § 222.25(2),(4)

Head of Household Wages
  • Generally up to $750 per week or 75% of disposable earnings (whichever is greater), subject to statute‑specific conditions.

Fla. Stat. § 222.11

Retirement Accounts
  • Tax-exempt and qualified retirement plans.
  • Federal cap for particular accounts - $1,711,975 (April 1, 2025 - March 31, 2028).

Fla. Stat. § 222.21;
11 U.S.C. § 522(n)

Life Insurance
  • Cash value and proceeds are exempt.

Fla. Stat. § 222.13;
§ 222.14

Disability & Health Benefits
  • Exempt.

Fla. Stat. § 222.18

Public Benefits
  • Exempt.

Fla. Stat. § 222

Filing for Bankruptcy in Florida: 6-Step Process

When you first file, both the Chapter 13 and Chapter 7 processes are similar.

Complete Credit Counseling

Complete a U.S. Trustee-approved credit counseling course within 180 days before filing. Also, make sure you are prepared to file for bankruptcy by securing housing, transportation, and a bank account in good standing.

Assemble Financial Documents

Gather all financial documents you'll need to complete and file the bankruptcy forms, including pay stubs, tax returns, bank statements, and debt lists (we've highlighted what you'll need below).

File in the Correct Florida District

File your forms with the appropriate Florida bankruptcy court. On the website, you'll find instructions for filing your paperwork, local rules, and more. Fees can be waived or paid in installments.

  • Northern District of Florida. Courts are located in Gainesville, Panama City, Pensacola, and Tallahassee (flnb.uscourts.gov).
  • Middle District of Florida. Courts are located in Fort Myers, Jacksonville, Orlando, and Tampa (flmb.uscourts.gov).
  • Southern District of Florida. Courts are located in Miami, Fort Lauderdale, and West Palm Beach (flsb.uscourts.gov).

Once you file, the automatic stay will go into effect. Almost all collection efforts, lawsuits, garnishments, and foreclosures stop when you file.

Attend the 341 Meeting of Creditors

Attend this mandatory court-supervised session. After the 341 meeting, all filers complete the second required U.S. Trustee-approved course, debtor education. Chapter 13 filers must also attend a plan confirmation (approval) hearing and complete the repayment plan.

Receive the Discharge

After fulfilling requirements, the court issues a discharge order that erases eligible debts.

After Filing for Bankruptcy in Florida

After discharge, you'll want to maintain financial stability by reviewing your credit report and rebuilding credit. Maintaining emergency savings is another good way to avoid another bankruptcy.

Learn more details about whether it's better to file for Chapter 7 or 13.

Florida Bankruptcy FAQs for Consumers

Can I keep my car if I file for bankruptcy in Florida?

You can keep one vehicle if your equity is within the $5,000 exemption limit. (Fla. Stat. § 222.25(1).) If it's financed, you must be and stay current on payments in Chapter 7. Chapter 13 allows you to catch up on missed payments and keep your car in Chapter 13.

Will I lose my house in bankruptcy in Florida?

All home equity is protected in Florida, so if you stay current on payments, you should be able to keep your house in Chapter 7. If you're behind on payments, Chapter 13 allows you to catch up and keep your home.

How much does bankruptcy cost?

You'll pay filing fees, counseling and debtor education course fees, as well as attorney costs, which vary according to the bankruptcy chapter and case complexity. A Chapter 7 case typically costs between $1,800 and $3,500. You'll likely pay $3,500 to $5,000 for Chapter 13. Chapter 7 costs must be paid in full before filing. However, legal fees can be included in the Chapter 13 plan.

How long does bankruptcy stay on my credit report?

Chapter 7 remains on your credit report for up to 10 years. Chapter 13 stays on your credit report for seven years. However, the impact diminishes over time, and many people see credit improvement within a year or two.

How Bankruptcy Impacts Your Credit and Financial Future

Bankruptcy provides a financial reset, offering a fresh start. Most filers can work to improve their credit within a couple of years. It's even possible to qualify for a mortgage two to four years after discharge.

Rebuilding Your Credit

  • Secured credit cards. Build positive payment history.
  • Credit monitoring. Track your progress and dispute errors.
  • Responsible borrowing. Keep credit utilization low.

Timeline for Credit Recovery

  • Six months. Credit scores begin stabilizing, and you might receive credit card offers.
  • One to two years. Renting an apartment and opening bank accounts should become easier.
  • Two to four years. Interest rates should begin to improve. You might qualify for a mortgage.
  • Seven to ten years. Bankruptcy is removed from credit reports.

Need More Help With a Florida Bankruptcy?

If you don't have the funds for legal help, there's hope. Consider reading our guide that explains what to do when you can't afford a bankruptcy lawyer. You'll learn about the many creative ways to finance a bankruptcy filing.

Did you know Nolo has made the law accessible for over fifty years? It's true, and we wholeheartedly encourage research and learning. However, online articles and resources can't address all bankruptcy issues and aren't written with the facts of your particular case in mind. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.

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