Florida · Chapter 7 Bankruptcy: What to Know Before You File
Chapter 7 Bankruptcy: What to Know Before You File in Florida
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Florida Chapter 7 Exemptions
Florida is an opt-out state, so a Florida debtor may not elect the federal Section 522(d) exemptions and must use Florida's state set. (Source: Nolo, Florida Bankruptcy Exemptions.)
Homestead, Vehicle, and Wildcard
Florida's homestead exemption is unlimited in dollar value but limited by acreage: up to 0.5 acre within a municipality or up to 160 acres elsewhere (Fla. Const. art. X Section 4). (Source: Nolo, Florida Bankruptcy Exemptions.)
(Source: Nolo; 11 U.S.C. Section 522(p).)
Which State's Exemptions Apply
Under the 730-day domicile rule (11 U.S.C. Section 522(b)(3)), a debtor must have been domiciled in Florida for the 730 days before filing to use Florida's exemptions; otherwise an earlier state's set or the federal exemptions may apply. New Florida residents should confirm domicile, since Florida's unlimited homestead is a frequent point of relocation planning.
How this works nationally
For the overall process and updates, read the Chapter 7 Bankruptcy: What to Know Before You File overview. This page covers the local information available for Florida.
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