Florida Bankruptcy Laws

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Federal filing fee for Chapter 13 bankruptcy.

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

Chapter 7 filers must pass a means test comparing their income to Florida's median income. Florida's cost of living varies significantly by region.

Protects your primary residence with unlimited value, as long as it sits on half an acre or less in a municipality or 160 acres or less outside a municipality. You must have owned the property for at least 1,215 days before filing, or the federal cap applies.

Protects $1,000 in personal property if claiming the homestead exemption, or $4,000 if not claiming homestead (the "wildcard"). Joint filers not claiming homestead may exempt up to $8,000.

Qualified retirement plans (401(k), pensions, profit-sharing) and IRAs (including rollover and inherited IRAs) are fully exempt from creditors with no dollar limit.

Head of family earning $750/week or less is fully exempt from garnishment. Head of family earning over $750/week is also exempt unless the employee consents in writing. Non-head-of-household disposable earnings are subject to federal garnishment limits.

Florida does not allow bankruptcy filers to choose federal exemptions. You must use the Florida state exemption system.