Bankruptcy in Florida (2026): Exemptions & Means Test

Bankruptcy is a federal process, but Florida is known nationally for one state-law feature: an unlimited homestead exemption. Florida has opted out of the federal bankruptcy exemptions, so filers use Florida's own list, anchored by a constitutional homestead that can protect unlimited equity in a qualifying home, subject to acreage limits and an important federal cap on recently acquired homesteads.

This guide is part of our Bankruptcy by State series. It is general legal information, not legal advice, and the dollar figures below change periodically, so confirm current amounts before relying on them.

Does Florida use state or federal bankruptcy exemptions?

Florida is an opt-out state. Under 11 U.S.C. 522(b), a state may bar its residents from using the federal exemptions, and Florida has done so in Fla. Stat. 222.20. A Florida-domiciled filer must use the state's exemptions and cannot elect the federal set in 11 U.S.C. 522(d). That means the federal homestead and the federal wildcard are unavailable; Florida's own constitution and statutes supply the protections instead.

There is one narrow statutory exception that filers often miss. Fla. Stat. 222.201 provides that, notwithstanding the opt-out in 222.20, a debtor may exempt, in addition to any other exemption allowed under state law, the property listed in 11 U.S.C. 522(d)(10). Those items are benefit-type rights to payment: social security, unemployment compensation, and local public assistance benefits; veterans' benefits; disability and illness benefits; alimony, support, or separate maintenance to the extent reasonably necessary for support; and payments under a pension, annuity, profit-sharing, or similar plan to the same extent. This is an addition on top of the Florida list rather than a choice between the two systems, and it does not make the rest of 522(d) available.

Residency rules under 11 U.S.C. 522(b)(3) generally require domicile in Florida for the 730 days before filing to claim Florida's exemptions; otherwise an earlier state's rules may apply.

Florida's unlimited homestead exemption

Florida's headline feature is the homestead exemption in Article X, Section 4 of the Florida Constitution, which protects an unlimited dollar amount of equity in a qualifying home from forced sale by most creditors. There is no dollar cap in the constitution itself, which is why Florida, along with states like Texas, is known for letting filers keep a high-value home.

The protection is not without limits. The constitution restricts the homestead to one-half acre if the property is inside a municipality, or up to 160 acres if it is outside one. Property beyond those acreage limits is not covered by the homestead exemption.

The 522(p) cap on recently acquired homesteads

Florida's unlimited homestead does not override federal bankruptcy law on one key point. Under 11 U.S.C. 522(p), a filer cannot exempt more than a set dollar amount of homestead equity acquired during the 1,215 days (about 3 years and 4 months) before filing. That federal cap is $214,000 for cases filed on or after April 1, 2025, an amount the courts adjust periodically for inflation.

In plain terms, equity you have held in your Florida homestead for longer than 1,215 days can be protected without dollar limit, but equity you added more recently, for example by buying or substantially paying down a home shortly before filing, is capped at the 522(p) figure. This rule was designed to prevent filers from moving large sums into a homestead just before bankruptcy. A related provision, 11 U.S.C. 522(o), can reduce the homestead where the equity came from non-exempt assets converted with intent to defraud creditors. Confirm the current 522(p) amount for your filing date, because it changes.

Motor vehicle, wildcard, and wages

Florida exempts a debtor's interest in a single motor vehicle up to $5,000 under Fla. Stat. 222.25(1). The Florida Constitution also protects $1,000 in personal property. For filers who do not claim or receive the benefit of the homestead exemption, Fla. Stat. 222.25(4) adds a $4,000 wildcard in personal property, a meaningful option for renters or others who keep no homestead.

Wages receive strong protection. Under Fla. Stat. 222.11, the disposable earnings of a head of family are exempt if they are $750 a week or less, and larger amounts are exempt unless the debtor agreed in writing to garnishment. Florida also exempts a range of benefits and retirement accounts under other provisions of Chapter 222.

The Chapter 7 means test in Florida

The means test screens Chapter 7 filings for a presumption of abuse. The first step compares your household's annualized income over the six months before filing to the Florida median family income for your household size as published by the U.S. Trustee Program. At or below the median, there is no presumption of abuse and you do not need to complete Form 122A-2, but that alone does not make you eligible for Chapter 7; above it, a second disposable-income calculation decides whether a presumption of abuse arises or you are steered to Chapter 13.

For cases filed on or after April 1, 2026, the Florida median family income figures are:

• 1 earner: $69,876
• 2 people: $86,523
• 3 people: $97,540
• 4 people: $114,761

Add $11,100 for each household member beyond four. The U.S. Trustee Program updates these figures about twice a year, so verify the current table for your filing date.

Chapter 7 vs. Chapter 13 and the automatic stay

Chapter 7 is liquidation. A trustee may sell non-exempt property to pay creditors, and most remaining unsecured debt is discharged, usually within about four to six months. It suits filers with limited non-exempt assets and mostly unsecured debt.

Chapter 13 is reorganization. You keep your property and repay part or all of what you owe through a three-to-five-year plan, which can help homeowners cure a mortgage arrearage or filers whose income is too high for Chapter 7.

Either filing triggers the automatic stay under 11 U.S.C. 362, which immediately halts most collection efforts, including foreclosure, wage garnishment, and collection calls, while the case is pending.

Where you file in Florida

Florida is divided into three federal judicial districts, so the correct court depends on where you live. Cases are filed in the U.S. Bankruptcy Court for the Northern District of Florida (Tallahassee, Pensacola, Panama City, Gainesville), the Middle District of Florida (Jacksonville, Orlando, Tampa, Ocala, Fort Myers), or the Southern District of Florida (Miami, Fort Lauderdale, West Palm Beach). A credit-counseling course from an approved provider is required before filing, and a debtor-education course before discharge.

What bankruptcy can and cannot do

Most unsecured debts, such as credit cards, medical bills, and personal loans, are dischargeable. Several categories generally are not, including most student loans, recent income taxes, child support and alimony, and debts based on fraud. If you bought or paid down your home within 1,215 days of filing, get a free bankruptcy evaluation from a Florida attorney on how much equity the 522(p) cap reaches (attorney advertising).

Frequently Asked Questions

Does Florida use state or federal bankruptcy exemptions?

Florida opted out of the federal scheme in Fla. Stat. 222.20, so a Florida-domiciled debtor uses Florida's constitution and statutes rather than electing the federal 11 U.S.C. 522(d) list. One narrow exception survives: under Fla. Stat. 222.201 a Florida filer may also claim the 522(d)(10) benefit exemptions, such as social security, veterans', disability, and certain support and pension payments, in addition to the state exemptions. The federal homestead and the federal wildcard remain unavailable.

What is the homestead exemption in Florida?

Florida's homestead exemption under Article X, Section 4 of the state constitution protects unlimited equity in a qualifying home, but the property cannot exceed one-half acre inside a municipality or 160 acres outside one. A federal cap of $214,000 (effective April 1, 2025) applies under 11 U.S.C. 522(p) to homestead equity acquired within the 1,215 days before filing. Confirm current figures before relying on them.

What is the Florida median income for the means test?

For cases filed on or after April 1, 2026, the U.S. Trustee Program lists Florida median family income as $69,876 for one earner, $86,523 for two, $97,540 for three, and $114,761 for four, plus $11,100 for each additional person. These figures update about twice a year.

Will I lose my house or car if I file bankruptcy in Florida?

Not automatically. Florida's homestead can protect unlimited equity in a qualifying home within the acreage limits, subject to the federal 522(p) cap on recently acquired equity. A vehicle is protected up to $5,000. Outcomes depend on your equity and whether you are current on secured payments. This is general information, not advice about your case.

How does the 522(p) cap affect Florida's unlimited homestead?

Under 11 U.S.C. 522(p), equity added to a homestead within the 1,215 days before filing is capped at $214,000 (effective April 1, 2025), even though Florida law is otherwise unlimited. Equity held longer than 1,215 days is not subject to this federal cap. The amount is adjusted periodically.

Does Florida have a wildcard exemption?

Yes, in limited form. The constitution protects $1,000 in personal property, and Fla. Stat. 222.25(4) adds a $4,000 wildcard for filers who do not claim or receive the benefit of the homestead exemption. Because Florida opted out, the federal wildcard is not available.

Where do I file for bankruptcy in Florida?

In the Northern, Middle, or Southern District of Florida, depending on your county. The Middle District serves central Florida cities such as Jacksonville, Orlando, and Tampa, while the Southern District covers Miami and the southeast and the Northern District covers Tallahassee and the panhandle.

What debts cannot be discharged in a Florida bankruptcy?

The non-dischargeable categories are federal and apply nationwide. They generally include most student loans, recent income taxes, child support and alimony, and debts from fraud. Most credit card and medical debt is dischargeable.