Chapter 7 Bankruptcy Lawsuit in Florida

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). A motor vehicle is protected up to $5,000 (Fla. Stat. Section 222.25(1)). The personal-property wildcard is $1,000, which increases to $4,000 if the homestead exemption is NOT used (Fla. Stat. Section 222.25(4)). (Source: Nolo, Florida Bankruptcy Exemptions.)

Acreage and timing caveats: the unlimited homestead value is subject to a federal cap of $214,000 (effective April 1, 2025) on equity acquired within 1,215 days before filing (11 U.S.C. Section 522(p)), and the debtor generally must have owned the property for 1,215 days to claim the uncapped state homestead. (Source: Nolo; 11 U.S.C. Section 522(p).)

Means Test: Florida Median Income

The Chapter 7 means test compares a debtor's six-month average gross income to the state median family income for the household size. For Florida, the U.S. Trustee median family income for a household of four is $114,761 (U.S. Trustee median family income, eff. April 1, 2026; smaller households use lower figures). Below-median filers are generally not presumed to be abusing Chapter 7; above-median filers complete Form 122A-2. (Source: U.S. Trustee Program, justice.gov/ust.)

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.

To compare your six-month income against the Florida median, use the Chapter 7 means test calculator at /tools/chapter-7-means-test-calculator. To estimate what property Florida exemptions might protect, use the bankruptcy exemption estimator at /tools/bankruptcy-exemption-estimator.

Exemption amounts change — verify current figures with an attorney. People's Justice is not a law firm and does not provide legal advice; we connect you with licensed attorneys, and we are not a government agency.