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Florida Bankruptcy Laws

Chapter 7 and Chapter 13 Bankruptcy in Florida

If you have given some thought to filing bankruptcy, you can learn more about Florida bankruptcy laws by speaking with a local bankruptcy lawyer. When your questions about bankruptcy are answered, you can to decide which option - Chapter 7 or Chapter 13 - may be best for you.

This page provides some general information about Florida's bankruptcy laws, but for more information, or to get a free case evaluation by a local Florida bankruptcy lawyer, complete the free form on this page.

Or, you can call, 877-349-1309 and we'll connect you with a local bankruptcy lawyer right away.

Florida's Chapter 7 and Chapter 13 Bankruptcy Laws

A Florida bankruptcy lawyer will likely begin your consultation by asking very personal questions concerning your assets, debts and your short and long-term financial goals during this meeting. The answers you provide to these questions will help you and your lawyer decide if filing Chapter 7 or Chapter 13 bankruptcy is right for you.

Chapter 7 bankruptcy is usually called “liquidation” because the bankruptcy trustees in Chapter 7 bankruptcy cases may opt to sell any non-exempt property the debtor owns.

In many Chapter 7 bankruptcy cases, the debtor does not own any non-exempt assets, so no property is sold. Unsecured debts may be completely discharged in Chapter 7, making it an attractive bankruptcy option.

If you are filing Chapter 7 bankruptcy, your first task will be to find out from your Florida bankruptcy lawyer which and how much of your assets may be exempt from liquidation.

Homestead

  • If located outside a municipality: 160 acres of land and improvements.
  • If located inside a municipality: .5 acre of land and improvements.
  • 100 percent exemption for leased dwelling place, including mobile homes.

Wages

  • All disposable earnings of a head-of-family less than $750. Disposable earnings above $750 may only be garnished unless you agree to such in writing. Garnishment for any family member may not exceed standards by Consumer Credit Protection Act.

Automobiles

  • $1,000 for one vehicle.

Personal Property

  • $1,000 for all personal property.
  • Any hearing aids.
  • You may receive an additional $4,000 exemption if you do not receive the benefit of the homestead exemption.

Chapter 13 bankruptcy is generally called "reorganization." Debtors who Chapter 13 bankruptcychoose to file may be able to keep most of their property. A 3-5 year debt repayment plan to catch up on past due debts must be approved in Chapter 13 bankruptcy cases.

If you decide to file Chapter 13 bankruptcy, one of your first priorities will be creating a proposed debt repayment plan.

The Important Role of Your Florida Bankruptcy Lawyer

Florida bankruptcy laws can be complex and confusing. Many people who consider filing bankruptcy can feel frustrated by all of the details. Your Florida bankruptcy lawyer may clear up any confusion by plainly explaining the bankruptcy process.

We make it simple to find a local bankruptcy lawyer. Fill out the free form on this page or give us a call at 877-349-1309, and we’ll connect you with a Florida bankruptcy lawyer near you.

Speak to a Bankruptcy Lawyer Today

In South Florida? Click here to speak with a Miami bankruptcy attorney today.

Note: Keep in mind all laws are complex. If you need legal advice or want to fully understand how these laws affect you, please speak with a local attorney.

Laws may have changed since our last update. For the latest information on your state's bankruptcy laws, speak to a local bankruptcy lawyer.


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