Bankruptcy in Florida
In Florida you use state exemptions only (exemptions are the property the law lets you keep). Your home (homestead): unlimited dollar value.
You file in one of 3 federal bankruptcy courts:
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
What you can keep in Florida
Exemptions are the property the law lets you keep. You use the Florida list. The federal list is not available in Florida.
Law: Fla. Stat. § 222.20; Fla. Stat. § 222.201
| What | Florida exemption |
|---|---|
Home (homestead) | Unlimited dollar value. Area limit: up to one-half acre of contiguous land inside a city or town (municipality), or up to 160 acres of contiguous land outside a municipality, plus the home on it. The home must be owned by a natural person and be the residence of the owner or the owner's family. The homestead does not protect against property taxes and assessments, loans used to buy, improve or repair the home (for example, your mortgage), or bills for labor done on the property. There is no dollar cap to double for couples; the acreage limit is per homestead. Federal law can cap the protected equity if you acquired the home within 1,215 days before filing. Law: 11 U.S.C. 522(p); Fla. Const. art. X, § 4(a)(1) |
Car or other vehicle | $5,000 of your interest in a single motor vehicle (per debtor) Law: Fla. Stat. § 222.25(1) |
Household goods and clothing | $1,000 in any personal property (per person). Florida has no separate household-goods list; this $1,000 covers furniture, clothing and other belongings. Professionally prescribed health aids are fully exempt. Law: Fla. Const. art. X, § 4(a)(2); Fla. Stat. § 222.25(2) |
Wildcard (any property) | $4,000 in any personal property, but only if you do not claim or receive the benefit of the Florida homestead exemption. Does not apply against child support or spousal support debts. Law: Fla. Stat. § 222.25(4) |
Wages | If you are a head of family (you provide more than half the support of a child or other dependent), all of your disposable earnings up to $750 a week are exempt, and earnings above $750 a week are also exempt unless you signed a special written waiver. Others are protected to the federal garnishment limit. Exempt wages deposited in a bank stay exempt for 6 months if they can be traced. Law: Fla. Stat. § 222.11 |
Retirement accounts | Money in tax-exempt retirement plans and accounts (401(a), 403(a), 403(b), IRA, Roth IRA, 409, 414, 457(b), 501(a)) is exempt from all creditors, including inherited IRAs and IRAs received in a divorce. Not exempt from a QDRO alternate payee or a surviving spouse's elective share. Federal pension money received in the last 3 months is exempt if needed for support. Law: Fla. Stat. § 222.21 |
Public benefits | Through § 222.201 you can exempt the federal 522(d)(10) benefits: Social Security, unemployment compensation, local public assistance, veterans' benefits, disability or illness benefits, alimony/support reasonably necessary, and certain pension payments. Florida reemployment assistance (unemployment) benefits and workers' compensation are also exempt from creditors under state law (workers' comp: except child support or alimony). Disability income insurance benefits are exempt. Law: Fla. Stat. §§ 222.201, 443.051(2), 440.22, 222.18 |
Other exemptions |
Law: Fla. Stat. § 222.14; Fla. Stat. § 222.25(3); Fla. Stat. § 222.22 |
If you use your state's exemptions, you can protect no more than $214,000 of home equity that you acquired in the 1,215 days (about 3 years and 4 months) before you filed. Equity moved from an earlier home in the same state, bought before that period, does not count. The cap does not apply to a family farmer's main home.
Law: 11 U.S.C. 522(p); 90 FR 8941
Amounts: Vehicle exemption $5,000 effective July 1, 2024. Constitutional $1,000 personal property and homestead limits unchanged since 1984/1998. Florida amounts are not indexed.
The means test in Florida: first step
Official Form 122A-1 compares your household's yearly income with the median income in Florida. Here are the official medians:
- 1 person$69,876
- 2 people$86,523
- 3 people$97,540
- 4 people$114,761
- Each extra person+$11,100
Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4
Where to file in Florida
You file in the district where you lived (your domicile) for most of the last 180 days. Florida has three districts. Find your division by county: Northern District list https://www.flnb.uscourts.gov/sites/flnb/files/city_county_listings.pdf, Middle District list https://www.flmb.uscourts.gov/counties/, Southern District list https://www.flsb.uscourts.gov/court/locations.
Law: 28 U.S.C. 1408
Divisions: Tallahassee, Pensacola, Panama City, Gainesville
Clerk's phone: (850) 521-5001 or toll-free (866) 639-4615
Divisions: Jacksonville, Orlando, Tampa, Fort Myers (Fort Myers has no staffed bankruptcy clerk's office; self-represented filers file in Tampa by hand or mail)
Clerk's phone: Jacksonville (904) 301-6490; Orlando (407) 237-8000; Tampa and Fort Myers (813) 301-5162
Divisions: Miami, Fort Lauderdale, West Palm Beach
Clerk's phone: Miami (305) 714-1800; Fort Lauderdale (954) 769-5700; West Palm Beach (561) 514-4100
Free help in Florida
- Northern District of Florida Bankruptcy Pro Se Clinic (Bankruptcy Bar Association for the N.D. Fla.)
- N.D. Fla. Bankruptcy Bar Pro Bono Initiative – P.L.A.N. program · 866-944-6421
- Florida State University College of Law Bankruptcy Pro Bono Clinic
- Middle District of Florida – Pro Se Assistance Clinics (Jacksonville, Orlando, Tampa) and court Legal Assistance Program
- Southern District of Florida – free virtual bankruptcy clinics (monthly, Zoom)
- Bankruptcy Bar Association of the Southern District of Florida – free legal consultation request
- Legal Aid Society of the Dade County Bar Association – Put Something Back bankruptcy project · (305) 579-5733
- The Florida Bar Lawyer Referral Service (reduced-fee first meeting) · (800) 342-8011
- FloridaLawHelp.org
- Northern District – Court's self-help page
- Middle District – Court's self-help page
- Southern District – Court's self-help page
Free letter and checklist
Letter: tell a creditor you filed bankruptcy
Notice to a creditor or debt collector with your case number, court, filing date and chapter.
Checklist: what to gather before you file
Income, tax returns, debts, property and budget papers the federal forms ask about, with Florida's courts.
Bankruptcy in Florida by topic
Exemptions in Florida
Home, car, household goods, wildcard and more, with the law for each.
The means test in Florida
The official median income and the first-step check.
Where to file in Florida
The bankruptcy courts, divisions, fees and the 341 meeting.
Good to know in Florida
- Florida's homestead has no dollar limit, only an acreage limit (one-half acre in a city or town, 160 acres outside).
Law: Fla. Const. art. X, § 4(a)(1)
- The $4,000 wildcard is available only if you do not claim the homestead exemption, so renters and people who do not own a home can use it.
Law: Fla. Stat. § 222.25(4)
- Exemptions do not apply to property created by a fraudulent transfer or a conversion of assets made to hinder, delay or defraud creditors.
Law: Fla. Stat. §§ 222.29, 222.30
Changes in 2024–2026
July 1, 2024: motor vehicle exemption raised from $1,000 to $5,000. Also in 2024, Fla. Stat. § 222.26 (Ch. 2024-183) added larger protections ($10,000 vehicle; $10,000 personal property if no homestead is claimed) that apply only in a lawsuit to collect a debt for medical services from a licensed hospital or similar facility.
Law: Ch. 2024-110, SB 158; ch. 395
Questions about bankruptcy in Florida
Can I use the federal bankruptcy exemptions in Florida?
No. Florida requires you to use the state exemptions.
What is the homestead exemption in Florida?
Unlimited dollar value. Area limit: up to one-half acre of contiguous land inside a city or town (municipality), or up to 160 acres of contiguous land outside a municipality, plus the home on it.
How much of a car can I keep in bankruptcy in Florida?
$5,000 of your interest in a single motor vehicle (per debtor)
Does Florida have a wildcard exemption?
$4,000 in any personal property, but only if you do not claim or receive the benefit of the Florida homestead exemption. Does not apply against child support or spousal support debts.
What household goods can I keep in Florida?
$1,000 in any personal property (per person). Florida has no separate household-goods list; this $1,000 covers furniture, clothing and other belongings. Professionally prescribed health aids are fully exempt.
Are retirement accounts protected in bankruptcy in Florida?
Money in tax-exempt retirement plans and accounts (401(a), 403(a), 403(b), IRA, Roth IRA, 409, 414, 457(b), 501(a)) is exempt from all creditors, including inherited IRAs and IRAs received in a divorce. Not exempt from a QDRO alternate payee or a surviving spouse's elective share. Federal pension money received in the last 3 months is exempt if needed for support.
Are my wages protected in Florida?
If you are a head of family (you provide more than half the support of a child or other dependent), all of your disposable earnings up to $750 a week are exempt, and earnings above $750 a week are also exempt unless you signed a special written waiver. Others are protected to the federal garnishment limit. Exempt wages deposited in a bank stay exempt for 6 months if they can be traced.
Where do I file bankruptcy in Florida?
You file in the district where you lived (your domicile) for most of the last 180 days. Florida has three districts. Find your division by county: Northern District list https://www.flnb.uscourts.gov/sites/flnb/files/city_county_listings.pdf, Middle District list https://www.flmb.uscourts.gov/counties/, Southern District list https://www.flsb.uscourts.gov/court/locations.
What is the median income for the means test in Florida?
For cases filed on or after April 1, 2026: 1 person: $69,876; 2 people: $86,523; 3 people: $97,540; 4 people: $114,761; Each extra person: +$11,100.
Where can I get free help with bankruptcy in Florida?
Northern District of Florida Bankruptcy Pro Se Clinic (Bankruptcy Bar Association for the N.D. Fla.), N.D. Fla. Bankruptcy Bar Pro Bono Initiative – P.L.A.N. program and Florida State University College of Law Bankruptcy Pro Bono Clinic.