BANKRUPTCY IN FLORIDA A Fresh Start. Real Guidance. A Path Forward.

To qualify for Chapter 7, your household income must be at or below Florida’s median income — or you must pass the means test. Current median income figures for cases filed on or after April 1, 2026 are $69,876 for a single earner, $86,523 for a household of two, $97,540 for three, and $114,761 for four. Add $11,100 for each additional member beyond four. These figures are subject to periodic adjustment by the U.S. Trustee Program. Your attorney will verify current limits at the time of filing.

Not necessarily — and in many cases, the opposite is true. Florida’s homestead exemption protects unlimited equity in your primary residence under Article X, Section 4 of the Florida Constitution, making it one of the strongest home protections in the country.

In a Chapter 7 case, your home is generally protected as long as you are current on your mortgage and the exemption is properly claimed.

In Chapter 13, filing can actually stop an active foreclosure and give you time to catch up on missed payments.

In many cases, yes. The automatic stay that goes into effect the moment you file immediately halts foreclosure proceedings under 11 U.S.C. § 362.

Chapter 13 in particular may allow you to catch up on missed mortgage payments through your repayment plan and keep your home. Timing is critical — the sooner you file, the more options you may have available.

Florida is an opt-out state under Florida Statutes § 222.20, meaning filers must use Florida’s state exemptions rather than the federal exemption list.

Key protections include unlimited equity in your primary residence, up to $5,000 in vehicle equity under § 222.25(1), a $4,000 wildcard exemption for non-homestead filers under § 222.25(4), and full protection for qualified retirement accounts under § 222.21.

We review your specific situation and make sure every applicable exemption is properly claimed before anything is filed.

Bankruptcy is a federal process so the credit reporting rules are the same nationwide. Chapter 7 stays on your credit report for up to 10 years and Chapter 13 for up to 7 years. Many people begin rebuilding their credit relatively quickly after their case is resolved — and for many, filing is the first real step toward long-term financial recovery.

It depends on how much equity you have in the vehicle.

Florida protects up to $5,000 of equity in one motor vehicle under Florida Statutes § 222.25(1). If your car is worth more than you owe and the difference exceeds $5,000, the trustee may have an interest in it in a Chapter 7 case.

In Chapter 13, you can generally keep your car as long as it is accounted for in your repayment plan. We review your specific situation before anything is filed.

You must have lived in Florida for at least 730 days — two full years — before filing to use Florida’s exemptions under 11 U.S.C. § 522(b)(3)(A).

If you have lived here for less than that, different rules apply to determine which state’s exemptions you may use. This is something we review carefully during your consultation.

Chapter 7 cases in the Southern District of Florida are typically resolved within 3 to 6 months from the filing date.

Chapter 13 involves a repayment plan that lasts 3 to 5 years.

Timelines can vary depending on case complexity and court scheduling. Having an attorney who files regularly in this district helps keep your case moving efficiently.

Yes. Self-employed individuals can file for Chapter 7 or Chapter 13 in Florida.

Eligibility will depend on your average monthly income over the past six months, which is used to calculate the means test. We review income from all sources — including self-employment — during your consultation.

Certain debts cannot be eliminated through bankruptcy regardless of which chapter you file.

These generally include student loans, child support, alimony, most tax debts, and debts resulting from fraud or intentional misconduct under 11 U.S.C. § 523(a).

We review your specific debts during your consultation so you know exactly what to expect before you file.

Possibly. If your household income is below 150% of the federal poverty level and you are unable to pay the filing fee even in installments, the court may waive the requirement entirely under 28 U.S.C. § 1930(f). We can review your situation during your consultation and help determine whether you may qualify for a fee waiver.

Yes — this is a federal requirement under 11 U.S.C. § 109. Before filing for either Chapter 7 or Chapter 13, you must complete a credit counseling course from an approved agency within 180 days prior to filing.

After your case is filed, a debtor education course is also required before your discharge can be entered. We can point you toward approved providers and make sure all requirements are met before anything is submitted to the court.