Florida Bankruptcy Laws

Chapter 7 and Chapter 13 Bankruptcy in Florida

If you are a Florida resident and are thinking of filing for bankruptcy a Florida bankruptcy attorney will go over all of your options.

Find out, with assistance from a Florida bankruptcy attorney, whether filing Chapter 7 or Chapter 13 bankruptcy is right for you.

For a meeting with a local Florida bankruptcy attorney just fill out the form on this page.

Florida’s Chapter 7 and Chapter 13 Bankruptcy Laws

In your initial consultation with your Florida bankruptcy attorney you will learn all of the important differences from Chapter 7 and Chapter 13 bankruptcy.

Within this consultation your bankruptcy attorney in Florida will ask you many personal finance questions or provide you with a profile sheet to list specific details regarding your finances. The answers you provide should assist you and your attorney in deciding if filing Chapter 7 or Chapter 13 bankruptcy is appropriate for you.

Chapter 7 bankruptcy is usually called liquidation as the bankruptcy trustee may opt to sell or auction non-exempted property (see State Exemptions list below).

However, in the majority of Chapter 7 bankruptcy cases, the individual filing bankruptcy owns no non-exempt property, so this would not apply to the majority of filings. Provided you do not own much property or have many assets Chapter 7 bankruptcy may be the best choice since you would be allowed to discharge most of your unsecured debt.

Before filing Chapter 7 bankruptcy please discuss your situation with a Florida bankruptcy attorney to determine exactly how much property may be exempt from liquidation.

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Florida State Exemptions

Homestead

1. If located outside a municipality: 160 acres of land and improvements.
2. If located inside a municipality: .5 acre of land and improvements.
3. Additional $50,000 exemption for anyone 65-years-old or older or if the household income is less than $20,000.

Wages

All disposable earnings of a head-of-family less than $500. Disposable earnings above $500 may only be garnished unless you agree to such in writing. Garnishment for any family member may not exceed standards by Consumer Credit Protection Act.

Automobiles

$1,000 for one vehicle.

Personal Property

1. $1,000 for all personal property.
2. Any hearing aids.
3. You may receive an additional $4,000 exemption if you do not receive the benefit of the homestead exemption.

Chapter 13 Bankruptcy is usually falls under “reorganization”. Individuals filing Chapter 13 may own more property and by filing Chapter 13 may also keep most of their assets.

In Chapter 13 bankruptcy, the debtor creates a proposal for a repayment plan for a term of 3 to 5 years, which must be approved by a bankruptcy court. This installment plan enables the debtor to repay existing bills.

Talk With a Florida Bankruptcy Attorney Today

If you are contemplating filing bankruptcy in Florida you may not know where to begin or simply feel burdened by the state specific bankruptcy laws.

To answer any questions about the bankruptcy laws, a Florida bankruptcy attorney will be able to walk you through the bankruptcy process in everyday terms. When you consult a Florida bankruptcy attorney you will also be able to get many of your questions and concerns answered in the initial consultation.

We take the complexity out of finding a good Florida bankruptcy attorney. Just complete our free bankruptcy questionnaire on this page and we will connect you with a Florida bankruptcy attorney in your area.

Note: This is not legal advice. All bankruptcy laws in any state need the consult of a bankruptcy attorney licensed in that state. Consult a local attorney if you are seeking legal advice. Some or all bankruptcy laws may have changed since this page was created.

Bankruptcy attorneys are located in the following Florida cities:

ALACHUA, ALLANDALE, ALTOONA, ALTURAS, ALVA, ALYS BEACH, AMELIA VILLAGE, AMERICAN EXPRESS, APALACHICOLA, APOLLO BEACH, APOPKA, ARCADIA, ARCHER, ARGYLE, ARIPEKA, ASTATULA, ASTOR, ATLANTIC BEACH, AUBURNDALE, AVE MARIA, AVON PARK, BABSON PARK, BAGDAD, BAKER, BALM, BANK OF AMERICA, BARBERVILLE, BARTOW, BAY PINES, BELLE GLADE, BELLEAIR BEACH, BOCA GRANDE, BOCA RATON, BOKEELIA, BONITA SPGS, BONITA SPRINGS, BOSTWICK, BOWLING GREEN, BOYNTON BEACH, BRADLEY, BRANDON, BROOKER, BRYANT, BRYCEVILLE, BUNNELL, BUSINESS REPLY, CALLAHAN, CANAL POINT, CANTONMENT, CAPE CANAVERAL, CAPE CORAL, CAPTIVA, CARRABELLE, CARROLLWOOD, CASSADAGA, CECIL FIELD, CENTURY, CHATTAHOOCHEE, CHOKOLOSKEE, CITRUS RIDGE, CITY OF PENSACOLA, CLEARWATER, CLEARWATER BEACH, CLERMONT, COCOA, COCOA BEACH, COCONUT CREEK, COOPER CITY, COPELAND, CORAL SPRINGS, CRAWFORDVILLE, CRESCENT CITY, CRESTVIEW, CRYSTAL BEACH, CRYSTAL SPGS, DADE CITY, DANIA, DAVENPORT, DAVIE, DAYT BCH SH, DAYTONA BEACH, DE LEON SPRINGS, DEBARY, DEERFIELD BCH, DEERFIELD BEACH, DEFUNIAK SPRINGS, DELAND, DELRAY BEACH, DELTONA, DESTIN, DOCTORS INLET, DOVER, DUNDEE, DUNEDIN, DURANT, E FORT MYERS, EAGLE LAKE, EARLETON, EAST PALATKA, EASTPOINT, EATON PARK, EAU GALLIE, EDGAR, EDGEWATER, EDUC DEV CTR CORRESP, EGLIN AFB, EL JOBEAN, ELFERS, ELKTON, ESTERO, EUSTIS, EVERGLADES CITY, EVINSTON, FEDHAVEN, FELLSMERE, FERNANDINA BEACH, FERNDALE, FIRST NATIONAL BANK OF FL, FL STATE LOT, FLAGLER BEACH, FLEMING ISLAND, FLEMING ISLE , FLORAHOME, FLORENCE VILL, FLORIDA A & M, FLORIDA DEPT OF CORRECTIONS, FLORIDA GULF COAST UNIV, FLORIDA STATE, FORT LAUDERDALE, FORT LAUDERDALE, FT LAUDERDALE, FORT MEADE, FORT MYERS, FORT MYERS BEACH, FORT MYERS BEACH, FT MYERS BCH , FORT PIERCE, FORT WALTON BEACH, FORT WALTON BEACH, FT WALTON BCH, FORT WHITE, FREEPORT, FROSTPROOF, FRUITLAND PARK, GAINESVILLE, GEORGETOWN, GIBSONTON, GLEN SAINT MARY, GOLDEN ISLES, GONZALEZ, GOODLAND, GRAHAM, GRAND ISLAND, GRANDIN, GRANT, GREEN ACRES, GREEN COVE SPRINGS, GREENSBORO, GREENVILLE, GRETNA, GROVELAND, GULF BREEZE, HAINES CITY, HALLANDALE, HAMPTON, HARRIS CORP, HASTINGS, HAVANA, HAVERHILL, HAWTHORNE, HIALEAH, HIGH SPRINGS, HIGHLAND CITY, HILLCREST, HILLIARD, HOBE SOUND, HOLIDAY, HOLLISTER, HOLLYWOOD, HOLT, HOME SHOPPING, HOME SHOPPING CLUB, HOMELAND, HOMESIDE LENDING INC, HOMESTEAD, HOWEY IN THE HILLS, HUDSON, HURLBURT FIELD, INDIALANTIC, INDIAN LAKE ESTATES, INDIAN ROCKS BEACH, INDIANTOWN, INTERCESSION CITY, INTERLACHEN, ISLAND GROVE, JACKSONVILLE, JACKSONVILLE BEACH, JAY, JENSEN BEACH, JUPITER, KATHLEEN, KENANSVILLE, KENNEDY SP CT, KEY BISCAYNE, KEYSTONE HEIGHTS, KISSIMMEE, LA CROSSE, LACOOCHEE, LADY LAKE, LAKE ALFRED, LAKE BUTLER, LAKE CITY, LAKE COMO, LAKE GENEVA, LAKE HAMILTON, LAKE HARBOR, LAKE HELEN, LAKE PLACID, LAKE WALES, LAKE WORTH, LAKELAND, LAMONT, LANARK VILLAGE, LAND O LAKES, LARGO, LAUREL HILL, LAWTEY, LEE, LEESBURG, LEHIGH ACRES, LGHTHSE POINT, LITHIA, LLOYD, LOCHLOOSA, LORIDA, LOUGHMAN, LOXAHATCHEE, LULU, LUTZ, MACCLENNY, MACDILL AFB, MADEIRA BEACH, MADISON, MALABAR, MANGO, MARCO ISLAND, MARY ESTHER, MASCOTTE, MC DAVID, MELBOURNE, MELBOURNE BEACH, MELROSE, MERRITT ISLAND, MIAMI, MIAMI BEACH, MICANOPY, MIDDLEBURG, MIDWAY, MILLIGAN, MILTON, MIRAMAR BEACH, MOLINO, MONTICELLO, MONTVERDE, MOSSY HEAD, MOUNT DORA, MULBERRY, MURDOCK, NAPLES, NAVARRE, NEPTUNE BEACH, NEW PORT RICHEY, NEW PORT RICHEY, NEW PRT RCHY , NEW SMYRNA, NEW SMYRNA BEACH, NEWBERRY, NICEVILLE, NICHOLS, NOCATEE, NORTH FORT MYERS, NORTH MIAMI BEACH, NORTH PALM BEACH, NORTH PORT, OAK HILL, OCHOPEE, ODESSA, OKAHUMPKA, OKEECHOBEE, OLDSMAR, OLUSTEE, ONA, OPA LOCKA, ORANGE CITY, ORANGE PARK, ORMOND BEACH, OSTEEN, OZONA, PAHOKEE, PAISLEY, PALATKA, PALM BAY, PALM BCH GDNS, PALM BEACH, PALM BEACH GARDENS, PALM CITY, PALM COAST, PALM HARBOR, PALMA CEIA, PANACEA, PASS A GRILLE, PATRICK AFB, PAXTON, PCOLA, PENNEY FARMS, PENSACOLA, PERRY, PIERSON, PINELAND, PINELLAS PARK, PINETTA, PLACIDA, PLANT CITY, POLK CITY, POMONA PARK, POMPANO BEACH, PONCE DE LEON, PONTE VEDRA, PONTE VEDRA BEACH, PORT CHARLOTTE, PORT CHARLOTTE, PT CHARLOTTE , PORT ORANGE, PORT RICHEY, PORT SAINT LUCIE, PORT SALERNO, PUNTA GORDA, PUTNAM HALL, QUINCY, RAIFORD, RIVER RANCH, RIVERVIEW, RIVIERA BEACH, ROCKLEDGE, ROSELAND, ROTONDA WEST, ROYAL PALM BEACH, ROYAL PLM BCH, RUSKIN, SAFETY HARBOR, SAINT AUGUSTINE, SAINT CLOUD, SAINT JAMES CITY, SAINT JOHNS, SAINT LEO, SAINT MARKS, SAINT PETERSBURG, SAINT PETERSBURG, ST PETERSBURG, SALEM, SAN ANTONIO, SAN MATEO, SANDERSON, SANIBEL, SANTA ROSA BEACH, SATELLITE BEACH, SATSUMA, SEBASTIAN, SEBRING, SEFFNER, SEMINOLE, SEVILLE, SHADY GROVE, SHALIMAR, SHARPES, SOPCHOPPY, SORRENTO, SOUTH BAY, SPRING HILL, STARKE, STATE FARM INS, STEINHATCHEE, STUART, SUN CITY, SUN CITY CENTER, SYDNEY, TALLAHASSEE, TAMPA, TARPON SPRINGS, TAVARES, THE VILLAGES, THONOTOSASSA, TITUSVILLE, TRILBY, UMATILLA, VALPARAISO, VALRICO, VENUS, VERO BEACH, WABASSO, WACISSA, WALDO, WAUCHULA, WAVERLY, WELAKA, WESLEY CHAPEL, WEST PALM BCH, WEST PALM BEACH, WHITE SPRINGS, WIMAUMA, WINTER BEACH, WINTER HAVEN, WOODVILLE, WORTHINGTON SPRINGS, YALAHA, YULEE, ZELLWOOD, ZEPHYRHILLS, ZOLFO SPRINGS