Bankruptcy in Florida: Exemptions and Filing Guide
State-specific bankruptcy exemptions and filing information for Florida. These exemptions determine what property you can keep when filing Chapter 7 bankruptcy.
Data last updated: Jan 15, 2025Key Takeaways
- Homestead exemption: Unlimited value (up to 1/2 acre in municipality or 160 acres outside).
- Vehicle exemption: $1,000.
- Must use state exemptions (no federal option).
- Attorney fees: $1,200–$2,000 (Ch. 7) / $3,000–$4,500 (Ch. 13) typical.
Florida Bankruptcy Exemptions
Means Test: Florida Median Income
To qualify for Chapter 7 in Florida, your income must be below the state median or you must pass the means test showing no disposable income for creditors.
Filing Costs
Related Resources
- Debt collection statute of limitations in Florida
- Consumer complaints in Florida
- Free legal aid in Florida
Frequently Asked Questions
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Is Florida's homestead exemption really unlimited?
Yes, in value. Florida's homestead exemption is unlimited in dollar amount but restricted by acreage: up to 1/2 acre within a municipality or 160 acres outside. You must have owned the property for at least 1,215 days to claim the full exemption.
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Why is Florida's vehicle exemption so low?
Florida's $1,000 vehicle exemption is among the lowest in the country. However, if you do not claim the homestead exemption, you can use a $4,000 wildcard to protect your vehicle.
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Can I use federal exemptions in Florida?
No. Florida has opted out of the federal exemption system.
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Can wage garnishment be stopped by filing bankruptcy in Florida?
Yes. Filing triggers an automatic stay that stops most wage garnishments. Additionally, Florida law exempts the wages of heads of households from garnishment entirely.