Bankruptcy in Florida: Chapter 7, Chapter 13 and What to Expect

Personal bankruptcy is governed by federal law and administered through United States Bankruptcy Courts. Even so, state-specific rules — including the exemptions that determine what property is protected — may materially affect a Florida case.

Florida cases are filed in one of three federal bankruptcy districts (Northern, Middle, or Southern). The correct venue generally depends on where the filer has lived or maintained a principal residence, business, or assets.

Chapter 7 is generally a shorter process that may result in the discharge of many unsecured debts. It uses an income screening (the means test) and considers what property is protected under applicable exemptions.

Chapter 13 is generally a repayment-plan process, typically three to five years, that can help address arrears on secured debts (such as a home or vehicle) and may allow the filer to keep property while paying an approved plan.

Which chapter (if any) may fit depends on income, expenses, property, secured debt, priority debt, goals, and other facts. A qualified attorney can evaluate the specific situation.

The means test compares a household's income over a defined period to a household-size-based median. Being above the initial threshold does not automatically prevent a Chapter 7 filing — additional calculations and allowable deductions may still support eligibility.

See How the Chapter 7 means test works for a more detailed explanation.

A Chapter 13 plan proposes monthly payments to a trustee, who then distributes funds to creditors according to the plan. Payment amounts generally depend on income, allowable expenses, secured debt, and priority debt.

See How the Chapter 13 payment is calculated for more.

• Gather income, expense, debt, asset, and creditor information.
• Complete a required pre-filing credit counseling course with a court-approved provider.
• File the petition, schedules, and required documents in the correct district.
• Attend the meeting of creditors (341 meeting) with the assigned trustee.
• Complete a required pre-discharge debtor education course.
• Address any trustee or creditor issues; receive a discharge order if applicable.

Current filing fees and course provider lists are published by the federal courts and the U.S. Trustee Program. Amounts and providers change over time, so verify current information before relying on it.

• Bankruptcy Court Miscellaneous Fee Schedule (uscourts.gov)
• Approved credit counseling and debtor education providers (U.S. Trustee)

A bankruptcy trustee is appointed to administer the case. In Chapter 7, the trustee reviews assets and may collect non-exempt property for distribution to creditors. In Chapter 13, the trustee administers the repayment plan. Accurate and complete disclosure of income, assets, and debts is important in either chapter.

Florida has three federal bankruptcy districts:

• U.S. Bankruptcy Court, Northern District of Florida — Northern Florida, including Pensacola, Tallahassee, and Gainesville areas
• U.S. Bankruptcy Court, Middle District of Florida — Central Florida, including Jacksonville, Orlando, Tampa, and Fort Myers areas
• U.S. Bankruptcy Court, Southern District of Florida — Southern Florida, including Miami, Fort Lauderdale, West Palm Beach, and the Keys

See the full Florida bankruptcy courts page for divisions and links.