This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
Bankruptcy is a legal process that helps people and businesses manage debt they can’t afford to pay. Whether you’re dealing with medical bills, credit cards, or losing your home, Florida bankruptcy laws can help you find relief.
Fleysher Law Bankruptcy and Debt Attorneys helps clients through every step of the bankruptcy filing process. We explain your options, protect your rights, and guide you through court procedures. Our team knows the local laws, courts, and trustees. If you’re thinking about bankruptcy, we’re here to help you make the right choice for your financial situation.
We’ll help you protect what you own, stop harassment from creditors, and rebuild your future. Let’s break down how bankruptcy works in Florida so you know what to expect.
Florida follows federal bankruptcy law but adds its own rules, too. It’s best to important how these laws work together when filing a bankruptcy case.
Bankruptcy is meant to help people overwhelmed with debt. It gives them legal protection and a fresh financial start. The law allows you to erase or restructure debts you cannot afford to pay. Once you file, the court stops collection actions.
The bankruptcy code protects both you and your creditors. It helps you clear unsecured debt or set up a repayment plan for secured debt. In most cases, bankruptcy also protects some of your property through legal exemptions.
At Fleysher Law Bankruptcy and Debt Attorneys, we help clients file the right type of bankruptcy. Our job is to make sure your filing follows the law and gives you the best chance at recovery.
Topic | Federal Law Applies? | Florida Law Applies? |
|---|---|---|
Bankruptcy Code | Yes | No |
State Exemptions | No | Yes |
Federal Exemptions (Optional) | Yes (Other States) | No (Florida Opt-Out) |
Bankruptcy Court Jurisdiction | Yes | Yes |
Bankruptcy Filing Procedures | Yes | Yes |
Chapter Types Available | Yes | Yes |
Florida does not allow you to choose federal exemptions. Instead, you must use Florida’s own list of exemptions when you file. This includes protections for your home, car, and personal items. These laws apply only if you meet Florida’s residency rules.
For example, the Florida homestead exemption protects your home’s full value, if you’ve lived in the state long enough. If not, you may be limited in how much equity you can keep. The same goes for other property types. You must follow Florida’s list and can’t mix in federal exemptions.
There are several types of bankruptcy under the bankruptcy code. The best option depends on your income, debts, and goals.
Chapter 7 bankruptcy is the most common type, allowing you to erase most unsecured debt, such as credit cards and medical bills.
This type of bankruptcy is usually fast -- most cases close in four to six months. To qualify, you must pass the means test, which looks at your income and expenses. Once approved, the court orders a discharge that wipes out qualifying debts.
Fleysher Law Bankruptcy and Debt Attorneys can help you understand if chapter 7 bankruptcy fits your financial situation. We handle the paperwork, file it with the bankruptcy court, and represent you throughout the process.
Chapter 13 bankruptcy helps people who want to keep their property and repay some of their debt over time. Instead of selling your assets, you follow a repayment plan approved by the bankruptcy judge. This plan lasts three to five years. You make monthly payments based on your income and what you can afford. It’s often used to stop foreclosure, catch up on car loans, or pay back taxes.
We help clients at Fleysher Law Bankruptcy and Debt Attorneys build a repayment plan that fits their needs. Our team ensures that the court approves your plan and that you remain protected while making payments.
Chapter 11 is mainly for businesses, but individuals with very high debt may also qualify. It allows a company to continue operating while restructuring its debt. Like Chapter 13, it involves a court-approved plan to repay creditors over time.
This type of case is more complex. It includes detailed filings, court hearings, and creditor votes. A bankruptcy judge must approve the final plan.
Fleysher Law Bankruptcy and Debt Attorneys works with small business owners across Florida. We help clients use Chapter 11 to save their company, manage their financial affairs, and work toward long-term stability.
Exemptions protect certain property during a bankruptcy case. Florida law decides what you can keep when you file.
Florida offers one of the strongest homestead exemptions in the country. If your home is your primary residence and you’ve owned it for at least 1,215 days, the full value may be protected. There is no cap on the equity if you meet this requirement.
If you’ve lived in the home for less than that, federal limits may apply. The property must be within Florida and must not exceed half an acre in a city or 160 acres elsewhere. Fleysher Law Bankruptcy and Debt Attorneys helps clients claim the Florida homestead exemption properly. This ensures your home stays protected during your bankruptcy case.
Florida allows you to protect certain personal items. This includes furniture, electronics, clothing, and other belongings. The total value you can exempt is $1,000 if you claim the homestead exemption. If you do not claim it, the personal property exemption increases to $4,000.
If you are married and filing jointly, the amount may be doubled. These values are set by Florida law and must be applied correctly. Our team at Fleysher Law Bankruptcy and Debt Attorneys helps you value your property and apply the proper exemption. We make sure you keep as much of your personal property as allowed under the bankruptcy code.
Florida lets you protect up to $1,000 of equity in one vehicle. If your car is worth more than that and you have no car loan, the excess value may become part of the bankruptcy estate. If you are married and filing together, you may be able to double this exemption.
If your vehicle is financed, your equity is the car’s value minus what you owe. You must list this in your bankruptcy filing accurately. Fleysher Law Bankruptcy and Debt Attorneys will calculate your equity and apply the right exemption. We work to keep your car safe when you file.
Most retirement accounts are fully exempt under both Florida and federal law. This includes 401(k) plans, IRAs, and pensions. Florida follows federal protections in this area, which means your retirement funds are usually safe.
There are limits on traditional and Roth IRAs, but those caps are very high. In most bankruptcy cases, retirement accounts are not at risk.
Florida law protects some of your wages from creditors. If you are the head of a household, your entire paycheck may be exempt. Child support and alimony are also fully protected. Other exemptions include education savings accounts, some insurance benefits, and government assistance. These protections ensure you have sufficient income to cover basic living expenses and support your family.
Before you file a bankruptcy case in Florida, you must meet a few important requirements. These rules make sure you are eligible under the bankruptcy code.
To use Florida’s exemption laws, you must live in the state for at least 730 days before your filing date. If you haven’t lived in Florida that long, you may have to use exemptions from the state where you lived previously.
The court looks at your residency to decide which exemption list applies. This affects how much property you can protect, such as your home, car, or personal items. Failing to meet this rule can lead to complications with your bankruptcy estate. It’s wise to confirm where you’ve lived and for how long before starting your case.
Before filing, you must complete a credit counseling session from an approved provider. This must be done within 180 days before the bankruptcy filing. After your case is filed, you’ll also need to take a debtor education course. This second course must be completed before you receive a discharge.
Both steps are required by the bankruptcy code and enforced by the bankruptcy court. These courses help you understand your financial options and prepare for a better future. Proof of completion must be filed with the court to move your case forward.
You’ll need to provide full details about your financial situation. This includes income, expenses, debts, assets, and recent transactions. You’ll also need tax returns, pay stubs, and bank statements. These documents show the bankruptcy court a full picture of your financial affairs.
If anything is missing or incomplete, your case may be delayed or dismissed. Organizing your documents ahead of time helps the process go faster. It also ensures the bankruptcy trustee can review your case without issues. Accuracy is key to protecting your rights and securing a successful result.
Filing for bankruptcy involves a clear legal process. Each step must be followed carefully for your case to succeed.
The process begins when you submit a bankruptcy petition to the court. This includes forms that list your income, expenses, assets, debts, and recent financial activity. You must also include supporting documents like pay stubs and tax returns.
Once filed, your bankruptcy case officially starts. The court assigns a case number and notifies your creditors. From this point forward, most collection actions must stop. Filing correctly is critical. Any errors can lead to delays, or worse, your case getting dismissed. The bankruptcy court expects full and accurate information from the start.
After your case is filed, the automatic stay goes into effect. This is a legal order that stops most collection efforts right away. It prevents wage garnishments, lawsuits, foreclosures, and harassing phone calls.
The automatic stay protects you while the court reviews your case. It gives you breathing room to work through the bankruptcy process without pressure from creditors. If any creditor keeps trying to collect, they may be in violation of the bankruptcy code. In most cases, the stay lasts until your case is closed or dismissed.
This meeting happens about 20 to 40 days after you file. It's also called the “creditors’ meeting.” You must attend. A bankruptcy trustee will ask you questions under oath about your case and documents. Creditors may also attend, but they rarely do. The meeting is usually brief and takes place outside of a courtroom.
You must bring a valid ID and proof of your Social Security number. Failing to attend or provide proper documents can result in case delays or dismissal. This step helps verify your financial information and confirms your bankruptcy filing is valid.
The final step is receiving a discharge. This is the court order that eliminates qualifying debts. For Chapter 7 bankruptcy, this usually happens about 60 to 90 days after the 341 meeting. Once your discharge is issued, you are no longer legally required to pay the discharged debts.
Creditors must stop trying to collect them. This gives you a clean financial slate and a chance to rebuild. Not all debts are dischargeable. Some, like student loans and recent tax debts, may remain. The discharge only applies to debts listed in your bankruptcy case.
Bankruptcy offers relief, but it also affects your credit report and financial future. Here’s what you should know about the long-term effects.
If you file Chapter 7 bankruptcy, it stays on your credit report for 10 years from the filing date. This makes it visible to lenders, landlords, and sometimes employers.
While this sounds like a long time, the repercussions have lessened over the years. As time passes, new positive activity on your credit file can help balance the negative mark. Many people start improving their scores within one year of discharge.
Although the bankruptcy record remains, you can still get approved for loans and credit if you build a solid payment history. Responsible financial habits matter more the further you move from your bankruptcy filing date.
Chapter 13 bankruptcy stays on your credit report for 7 years. This starts from the date you filed your case, not when the repayment plan ends. Since Chapter 13 involves repaying a portion of your debts, many lenders view it more favorably than Chapter 7.
It shows you took steps to repay what you could under the bankruptcy code. Just like Chapter 7, the effects fade with time. As long as you make on-time payments and use credit wisely, your credit score can start to rise within a year or two.
Rebuilding starts the moment your case is discharged. You can begin by reviewing your credit report for errors and disputing anything incorrect. It’s also smart to open a secured credit card and make small charges that you pay off monthly.
Paying bills on time, keeping balances low, and avoiding new debt are key habits. Over time, this improves your credit score and overall financial situation. Some lenders may offer credit or small personal loans after bankruptcy, especially if you show stable income. It’s important to use these carefully to rebuild -- not to fall back into debt.
Bankruptcy is a strong legal tool, but it isn’t right for everyone. Some types of debt can’t be erased, and some assets may be at risk.
Some debts cannot be discharged through bankruptcy. This includes most recent tax debts, student loans, and domestic support obligations like child support or alimony. Even if you complete a bankruptcy case, these debts often remain. The bankruptcy court treats them as priority debts. That means they must still be paid in full.
If most of your debt falls into these categories, filing may not solve your problem. Be sure to understand what bankruptcy can and cannot do before you file.
If you own valuable property that isn’t protected by exemptions, bankruptcy might not be your best choice. The bankruptcy trustee can sell non-exempt assets to repay creditors. This includes real or personal property like second homes, collectibles, or large cash savings.
You must weigh the benefits of debt relief against the risk of losing assets. In these cases, it may be better to explore other legal options or consider Chapter 13, which allows you to keep your property while following a repayment plan.
If your debt is mostly unsecured and you have a steady income, you may want to look at debt settlement or debt consolidation. These options don’t require a bankruptcy filing and may not affect your credit as severely.
Debt settlement involves negotiating with creditors to pay less than what you owe. Consolidation combines debts into one monthly payment, often at a lower interest rate. These alternatives come with risks, but they can work for some people, especially if they’re not ready to go through a full bankruptcy procedure. It’s smart to compare all options before deciding.
How much are the filing fees for bankruptcy in Florida?
Filing fees vary depending on the chapter you file. As of now, Chapter 7 costs around $338, and Chapter 13 is about $313. These fees are paid to the bankruptcy court at the time of filing. If you can’t afford them, you may request a fee waiver or ask to pay in installments.
Why should I hire a Florida bankruptcy attorney?
Bankruptcy law is complex. A Florida bankruptcy attorney helps you avoid mistakes, meet court deadlines, and protect your assets. They know local rules, court procedures, and how to apply state exemptions properly. Without legal help, you risk losing valuable property or having your case dismissed.
What is bankruptcy fraud, and how can I avoid it?
Bankruptcy fraud happens when someone hides assets, lies on paperwork, or transfers property to avoid listing it. It is a federal crime with serious penalties. To avoid this, be honest about your financial situation and disclose all debtor’s property. Full transparency is required in every bankruptcy case.
Do I still have to pay creditors after filing for bankruptcy?
Once you file, most collection efforts stop. However, you may still have to pay creditors in certain situations. For example, if you’re keeping a car loan or mortgage, payments must continue. Some debts, like student loans or child support, cannot be discharged and must still be paid.
Which court handles bankruptcy in Florida?
Bankruptcy cases are handled by the United States District Court in each region of Florida. Florida has three main districts: Northern, Middle, and Southern. Each one has several divisions. Your case is assigned based on where you live or do business.
If you’re struggling with debt and unsure what to do next, we’re here to help. At Fleysher Law Bankruptcy and Debt Attorneys, we guide individuals and families through every step of the bankruptcy process. Whether you’re considering Chapter 7, Chapter 13, or just need help understanding your options, we’ll give you clear answers and honest advice.
We understand how stressful financial problems can be. That’s why we offer free consultations to review your case, explain your rights, and help you decide what makes sense for your financial situation. From your first filing date to your final discharge, we stay by your side.
Don’t risk losing your home, your car, or other property by going it alone. Let a trusted Florida bankruptcy attorney help you protect what matters. Call us today to schedule your free case review.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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