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Florida law

Bankruptcy Laws in Florida.

Bankruptcy is governed by federal law, but Florida determines which property exemptions apply. Florida is an opt-out state — debtors must use Florida state exemptions and cannot choose federal bankruptcy exemptions. Florida has one of the strongest homestead exemptions in the country: unlimited value with up to half an acre in a municipality or 160 acres in a rural area. Retirement accounts are also fully protected.

Last verified: 2026-02-25

State law

Filing Requirements

Chapter 7 Filing Fee$338

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

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

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

Means Test

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.

State law

Key Florida Statutes

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.

Personal Property ExemptionsFla. Stat. § 222.25(4)

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.

Retirement Account ExemptionsFla. Stat. § 222.21(2)(a)

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

Wage Garnishment LimitsFla. Stat. § 222.11

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.

No Federal Exemption OptionFla. Stat. § 222.20

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

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Florida.

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