Filing Chapter 7 Bankruptcy in Florida (2026)
Reviewed by DocDraft Legal Team · Florida · Last updated August 18, 2026
Chapter 7 bankruptcy is federal law, but the property you keep is set by Florida. Florida is an opt-out state: under Florida Statutes section 222.20 you must use Florida exemptions and cannot choose the federal 522(d) list. Florida's headline feature is its homestead exemption, which is unlimited in dollar value and capped only by land size under Article X, section 4 of the Florida Constitution. This page explains Florida's homestead, vehicle, and wildcard exemptions, the means-test median income, and the three federal bankruptcy courts where Floridians file. Chapter 7 discharges most unsecured debt but not most student loans, recent taxes, or child and spousal support.
Does Florida use state or federal bankruptcy exemptions?
Florida is an opt-out state. Under Florida Statutes section 222.20, residents cannot use the federal 522(d) exemptions and must rely on Florida's own exemptions from the State Constitution and statutes. Unlike a handful of choice states, Florida gives you a single system, so you do not pick between federal and state lists.
Can I keep my house if I file Chapter 7 in Florida?
Usually yes. Florida's homestead exemption under Article X, section 4 of the Florida Constitution is unlimited in dollar value and limited only by land size: up to 160 acres outside a municipality or one-half acre within one. If your property fits the acreage cap and you meet the residency rule, Chapter 7 generally lets you keep your home regardless of equity.
Can I keep my car if I file Chapter 7 in Florida?
Often yes if your equity is modest. Under Florida Statutes section 222.25(1), a debtor may exempt up to $5,000 of equity in a single motor vehicle. If your car equity is at or below that figure, the vehicle is protected. Equity above $5,000 may be reachable by the trustee unless another exemption covers it.
What is the income limit to file Chapter 7 in Florida?
For cases filed on or after July 15, 2026, the U.S. Trustee median income figures for Florida are $69,876 for one earner, $86,523 for two, $97,540 for three, and $114,761 for four, adding $11,100 per additional person. At or below your household figure, you pass the first part of the means test.
Florida's Opt-Out Rule, the Unlimited Homestead, and Where Floridians File
Florida is a bankruptcy opt-out state. Under Florida Statutes section 222.20, residents cannot elect the federal 11 U.S.C. 522(d) exemptions and must use Florida's own exemptions from the State Constitution and statutes, so there is no federal-versus-state choice. What makes Florida distinctive is its homestead exemption under Article X, section 4 of the Florida Constitution: it is unlimited in dollar value and capped only by land size, protecting up to 160 acres of contiguous land outside a municipality or one-half acre within one. That means a Florida homeowner can often keep a home with substantial equity, subject to the federal bankruptcy cap for homes acquired within 1,215 days before filing. Florida's motor vehicle exemption is $5,000 under section 222.25(1). The State Constitution also exempts $1,000 of personal property, and section 222.25(4) adds a $4,000 wildcard for personal property when the debtor does not claim or receive the benefit of the homestead exemption. Floridians file in one of three federal bankruptcy courts: the Northern, Middle, or Southern District of Florida, based on where they have lived for most of the prior 180 days.
Relevant Laws
Florida Homestead Exemption (Fla. Const. Art. X, sec. 4)
Exempts the homestead from forced sale with no dollar cap, limited only by land size: up to 160 acres of contiguous land outside a municipality or one-half acre within one. It also exempts $1,000 of personal property. This is the exemption that lets many Florida homeowners keep their house in Chapter 7.
Florida Opt-Out From Federal Exemptions (Fla. Stat. 222.20)
Provides that Florida residents shall not be entitled to the federal exemptions under 11 U.S.C. 522(d), while preserving the exemptions given by the State Constitution and Florida Statutes. This is the statute that makes Florida an opt-out state with a single exemption system.
Florida Motor Vehicle and Wildcard Exemptions (Fla. Stat. 222.25)
Section 222.25(1) exempts up to $5,000 of equity in a single motor vehicle. Section 222.25(4) adds a $4,000 personal property wildcard available only if the debtor does not claim or receive the benefit of the homestead exemption.
Federal Bankruptcy Code Exemptions and Means Test (11 U.S.C. 522, 707)
The federal law behind Chapter 7. Section 522(b)(2) lets a state opt out of the federal 522(d) exemptions, which Florida has done, and section 707(b) sets the means test measured against state median income.
Regional Variances
Florida Chapter 7 Exemption Table
Homestead
Fla. Const. Art. X, sec. 4: unlimited in dollar value, limited only by land size, up to 160 acres of contiguous land outside a municipality or one-half acre within one. A federal cap under 11 U.S.C. 522(p) can limit the amount for a home acquired within 1,215 days before filing.
Motor vehicle
Fla. Stat. 222.25(1): up to $5,000 of equity in a single motor vehicle. This amount applies in bankruptcy cases filed on or after July 1, 2022. Equity above the figure may be reachable by the trustee unless another exemption covers it.
Wildcard
Fla. Stat. 222.25(4): up to $4,000 of personal property, available only if the debtor does not claim or receive the benefit of the homestead exemption. Filers who keep a home generally cannot use this wildcard; renters and non-homeowners commonly can.
Personal property
Fla. Const. Art. X, sec. 4: $1,000 of personal property. Florida also exempts specific items by statute, including certain wages, prescribed health aids, and up to $1,000 of the constitutional personal property, which many filers combine with the section 222.25(4) wildcard when it applies.
Wages
Fla. Stat. 222.11: all disposable earnings of a head of family that are $750 or less per week are exempt from garnishment. Disposable earnings above $750 a week are also exempt unless the head of family agreed to the garnishment in writing. Wages of a non-head of family follow federal garnishment limits.
Retirement
Fla. Stat. 222.21: money and assets in tax-qualified retirement plans and accounts, including 401(a), 403(b), 408 IRAs, and 457(b) plans that maintain their IRS tax-exempt status, are exempt. ERISA-qualified plans are separately excluded from the bankruptcy estate under federal law.
Suggested Compliance Checklist
Confirm the current Florida means-test median income
Before you file days after startingCheck your household size against the U.S. Trustee Florida median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $69,876 for one, $86,523 for two, $97,540 for three, and $114,761 for four, adding $11,100 per additional person.
Complete the pre-filing credit counseling course
Within 180 days before filing days after startingTake an approved credit counseling course from a provider authorized for your Florida district and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed.
Value your assets and match them to Florida exemptions
Before preparing your schedules days after startingValue your home, vehicle, and personal property so you can match assets to Florida exemptions. Confirm your homestead fits the acreage cap, apply the $5,000 vehicle limit, and check whether the $4,000 wildcard under section 222.25(4) is available because you are not benefiting from the homestead.
Prepare and file your petition and schedules
Filing day days after startingFile your petition, schedules, and exemption claims in the correct court: the Northern, Middle, or Southern District of Florida, based on where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment.
Attend the 341 meeting and finish the debtor education course
Before discharge days after startingAttend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the current Florida means-test median income | Check your household size against the U.S. Trustee Florida median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $69,876 for one, $86,523 for two, $97,540 for three, and $114,761 for four, adding $11,100 per additional person. | - | Before you file |
| Complete the pre-filing credit counseling course | Take an approved credit counseling course from a provider authorized for your Florida district and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed. | - | Within 180 days before filing |
| Value your assets and match them to Florida exemptions | Value your home, vehicle, and personal property so you can match assets to Florida exemptions. Confirm your homestead fits the acreage cap, apply the $5,000 vehicle limit, and check whether the $4,000 wildcard under section 222.25(4) is available because you are not benefiting from the homestead. | - | Before preparing your schedules |
| Prepare and file your petition and schedules | File your petition, schedules, and exemption claims in the correct court: the Northern, Middle, or Southern District of Florida, based on where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment. | - | Filing day |
| Attend the 341 meeting and finish the debtor education course | Attend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions. | - | Before discharge |
Frequently Asked Questions
Yes. Under Florida Statutes section 222.20, residents cannot claim the federal 11 U.S.C. 522(d) exemptions and must use Florida's exemptions from the State Constitution and statutes. Florida is not a choice state, so you do not select between a federal and a state list; you apply the single Florida set to your property.
Florida's homestead exemption under Article X, section 4 of the Florida Constitution is unlimited in dollar value and limited only by land size: up to 160 acres of contiguous land outside a municipality, or one-half acre within one. There is no dollar cap in the Constitution, though a federal bankruptcy limit applies to homes acquired shortly before filing.
Under Florida Statutes section 222.25(4), a debtor may exempt up to $4,000 of personal property, but only if the debtor does not claim or receive the benefit of the homestead exemption. Renters and filers who do not keep a home commonly use this wildcard. It is in addition to the $1,000 of personal property exempt under the State Constitution.
No. Chapter 7 discharges most unsecured debt like credit cards and medical bills, but it does not erase most student loans, recent income taxes, child support, or spousal support, and it will not discharge debts from fraud. Secured debts like a car loan remain unless you surrender the collateral or reaffirm the loan.
You file in the federal bankruptcy court for your area: the U.S. Bankruptcy Court for the Northern, Middle, or Southern District of Florida. The Middle District, covering Tampa, Orlando, and Jacksonville, is among the busiest in the country. You file where you have lived for most of the prior 180 days.
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