Filing Bankruptcy in Florida: Means Test, Exemptions and Courts

Florida has three federal bankruptcy districts: the U.S. Bankruptcy Court for the Northern District (https://www.flnb.uscourts.gov), Middle District (https://www.flmb.uscourts.gov), and Southern District (https://www.flsb.uscourts.gov) of Florida.

1 person: $69,876; 2 people: $86,523; 3 people: $97,540; 4 people: $114,761; add $11,100 for each additional person over 4. These figures apply to bankruptcy cases filed on or after July 15, 2026 (the Census median income data was last updated for cases filed on or after April 1, 2026).

Florida filers must use Florida's exemptions: "residents of this state shall not be entitled to the federal exemptions provided in s. 522(d)."

No dollar limit. Outside a municipality: up to 160 acres of contiguous land and improvements. Inside a municipality: up to one-half acre of contiguous land, limited to the residence of the owner or the owner's family. Does not protect against taxes and assessments on the property, purchase-money or improvement loans, or certain labor liens.

A debtor's interest in a single motor vehicle, up to $5,000.

Personal property up to $1,000 under the Florida Constitution; plus up to $4,000 in personal property if the debtor does not claim or receive the benefit of the constitutional homestead exemption (not available against child or spousal support debts).

Money or assets in, or payable from, funds or accounts that are tax-exempt under Internal Revenue Code sections 401(a), 403(a), 403(b), 408, 408A, 409, 414, 457(b) or 501(a) are exempt from all claims of creditors (with exceptions listed in the statute).

All disposable earnings of a head of family (someone providing more than half the support of a child or other dependent) of $750 a week or less are exempt; above $750 a week they cannot be garnished unless the person agreed in writing. Other people's wages are protected to the federal limit (15 U.S.C. 1673). Exempt earnings deposited in a bank stay exempt for 6 months if traceable.

N.D. Fla. has a "Filing Without an Attorney" page (forms, requirements before filing, free legal aid) and required local form orders. M.D. Fla. lists a free virtual pro se clinic and bar-association clinics. S.D. Fla. has a "Don't Have a Lawyer?" page, legal assistance for debtors, and free virtual bankruptcy information sessions staffed by a bankruptcy attorney.

Northern District of Florida: the court's page on attorney fees in chapter 13 cases under (Amended) Standing Order No. 19 lists the presumptively reasonable ("normal and customary") fee for preparation and filing of a "routine" chapter 13 case as $5,000.00, effective November 16, 2023; it also lists $250.00 for preparation of annual statements and $500.00 for modifications to plan increasing plan base (both effective May 31, 2013). Middle District of Florida: the Amended Order Establishing Presumptively Reasonable Debtor's Attorney's Fees in Chapter 13 Cases for the Tampa and Fort Myers Divisions (filed 08/11/23), effective in cases filed on or after August 11, 2023, allows up to $5,000 for all bankruptcy-related matters required for the successful confirmation and completion of a debtor's case, plus a monthly monitoring fee of up to $50 per month after confirmation for routine postpetition services; $1,800 (up to $2,500 if complex) for the Mortgage Modification Mediation program; and $1,500 for the Student Loan Management program; no fee application or contemporaneous time records are required absent an objection or court order. The court's district-wide procedure page (last revised 8/14/2020) lists $4,500.00 for all bankruptcy related matters required for successful confirmation and completion of a debtor's case. Southern District of Florida: Court Guidelines CG-6 (rev. 06/01/2026) provide that, unless a vesting order has been entered, a base fee of up to $5,000.00 per case plus up to $200.00 in estimated expenses per case for a chapter 13 debtor's attorney is presumptively reasonable and allowed without a fee application; the fee must include, at a minimum, listed services such as verifying identity and eligibility, explaining the debtor's duties, and timely preparing and filing the petition, schedules and plan.