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If you are researching how to file bankruptcy in Florida, start with a complete review of your income, debts, property, expenses, and goals. Chapter 7 may discharge qualifying unsecured debts, but it does not resolve every type of debt or protect every asset automatically.
The process is governed by federal bankruptcy law, Florida exemption rules, and local court procedures. Your rights and options depend on your specific facts. A careful review before filing may help you understand what Chapter 7 could, and could not, change.
What Chapter 7 bankruptcy in Florida may address
Chapter 7 is sometimes called “liquidation” bankruptcy. A court-appointed trustee reviews the bankruptcy estate and determines whether any nonexempt property may be used to pay creditors.
Many individual Chapter 7 cases are reported as “no-asset” cases because the debtor’s property is protected by exemptions or subject to valid liens. That does not mean every case has the same result.
Chapter 7 may address:
- Credit-card balances
- Medical bills
- Certain personal loans
- Some collection lawsuits and wage garnishments
- Other qualifying unsecured debts
A discharge is not automatic for every debt. Certain child support obligations, alimony, many tax debts, most student loans, criminal restitution, and some debts connected to fraud or intentional injury may receive special treatment or remain collectible.
A bankruptcy discharge generally removes personal liability for qualifying debts. It does not automatically eliminate a valid lien against property. For example, a mortgage or vehicle lien may remain even if personal liability for some debt is discharged.
Read more about Chapter 7 bankruptcy in Florida and bankruptcy eligibility before making a decision.
Review whether Chapter 7 fits your situation
Chapter 7 eligibility involves more than one income number. The review may include:
- Household income and size
- Income received during the six months before filing
- Regular household expenses
- The type and amount of your debts
- Prior bankruptcy cases
- Property ownership and equity
- Recent transfers, payments, or other financial changes
- Whether your debts are primarily consumer or business debts
Individuals with primarily consumer debts generally must complete the Chapter 7 means test. This process uses current monthly income and allowable expenses to determine whether a presumption of abuse may apply.
You may need to complete Official Forms 122A-1 and 122A-2. Median-income figures and official forms can change. Use the current information available when your case is prepared.
Do not assume that being above or below the median income answers the entire question. Expenses, debt type, household circumstances, prior filings, and other facts may affect the analysis.
Prepare your financial information before filing
A Chapter 7 petition requires a detailed and accurate picture of your financial position. Estimates or incomplete information can create avoidable problems.
Gather documents such as:
- Recent pay statements and other income records
- Recent federal tax returns
- Bank and investment account statements
- Mortgage and vehicle loan statements
- Credit-card and personal-loan information
- A complete list of creditors and balances
- Vehicle titles and property records
- Retirement account information
- Information about lawsuits, liens, garnishments, and judgments
- Details about property transfers or large payments
- Records of expected changes in income or expenses
If you are married but only one spouse is considering bankruptcy, the non-filing spouse’s income and expenses may still be relevant. Joint debts and jointly owned property also require review.
Do not transfer, conceal, sell, or give away property to avoid the bankruptcy process. Do not make large payments or incur new debt based only on general website information. Discuss significant financial changes with an attorney before relying on them.
Follow the main Chapter 7 filing steps
The exact schedule may vary. The general process includes the following steps.
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Complete approved credit counseling.
You must generally complete a credit counseling course from an approved agency within the 180 days before filing. Keep the certificate. Limited exceptions may apply, but they require specific circumstances and court procedures. -
Review Chapter 7 eligibility.
Analyze income, expenses, debt, property, prior cases, and the means-test requirements. This is also the stage to compare Chapter 7 with Chapter 13 or non-bankruptcy alternatives. -
Prepare the petition and schedules.
The filing usually includes the voluntary petition, schedules of assets and liabilities, income and expenses, statement of financial affairs, creditor information, and other required forms. The forms must be complete and accurate. -
Review exemptions and property exposure.
Florida exemptions may protect certain property, but the result depends on the asset, equity, ownership, residency history, and other facts. If you have lived in Florida for less than the applicable period, a different exemption analysis may apply. -
File with the correct bankruptcy court.
Broward County cases are generally filed in the U.S. Bankruptcy Court for the Southern District of Florida. The Chapter 7 filing fee is currently listed by that court as $338, but fees and court requirements should be confirmed before filing. Installment payments or a fee waiver may be available if you meet the requirements. -
Respond to the trustee’s requests.
After filing, a Chapter 7 trustee is appointed. The trustee may request tax returns, bank statements, pay records, valuations, or other documents. -
Attend the meeting of creditors.
The meeting is usually scheduled within approximately 20 to 40 days after filing. You answer questions under oath about your petition, property, debts, income, and financial history. You must attend unless the court or trustee provides different instructions. -
Complete the post-filing financial management course.
You must complete a second approved course after filing. The required certification generally must be completed within the applicable deadline after the first date set for the meeting of creditors. Failing to complete this step can delay or prevent a discharge. -
Address secured debts and reaffirmation decisions.
If you want to keep a vehicle or other secured property, review the payment status, lien, equity, and possible reaffirmation requirements. Reaffirmation can leave you personally liable for the debt after bankruptcy. Do not sign an agreement without understanding its effect.
The Southern District of Florida’s Chapter 7 timeline provides court-specific information about deadlines and required steps. The U.S. Courts Chapter 7 overview provides general federal information.
Understand what Florida property exemptions may mean
Property is one of the most important parts of a Chapter 7 review. Florida has exemption rules that may protect certain assets, including a primary residence in some circumstances. The protection depends on facts such as ownership, equity, residency, property use, and timing.
Potentially relevant property may include:
- A homestead or other real estate
- Vehicles
- Household goods
- Bank accounts
- Retirement accounts
- Business interests
- Tax refunds
- Inherited property
- Personal injury claims
- Property transferred before filing
Do not assume that Florida’s homestead protection or another exemption applies automatically. A transfer, recent move, unusual ownership arrangement, substantial equity, or other fact may change the analysis.
The Florida Bar’s consumer bankruptcy pamphlet explains general Chapter 7 concepts, exemptions, alternatives, and the role of an attorney. General information cannot determine how a specific asset will be treated.
Consider whether Chapter 13 should also be reviewed
Chapter 7 is not automatically the better option. Chapter 13 may be relevant if you have regular income and need time to catch up on mortgage or vehicle arrears, protect property that may be exposed in Chapter 7, or address debts through a repayment plan.
Neither chapter is automatically right for every household. Eligibility, property risk, debt dischargeability, affordability, and long-term goals should be reviewed together.
If you are facing a foreclosure deadline, read about foreclosure defense in Florida. Bankruptcy may affect a foreclosure, but a website inquiry does not protect a court deadline or stop a sale by itself.
Common questions about filing Chapter 7 in Florida
Can I file Chapter 7 without a lawyer?
Yes. Individuals may represent themselves, but they must follow the same federal and local requirements. Bankruptcy courts cannot provide legal advice or decide which forms, exemptions, or chapter is appropriate for you.
Will Chapter 7 stop a wage garnishment?
Often, filing creates an automatic stay that pauses many collection actions, including some garnishments. Exceptions can apply, and the stay may be limited in certain repeat-filing situations. Do not assume that every collection action stops permanently without a case-specific review.
Can I keep my home and car?
Possibly. The answer depends on equity, exemptions, loan status, payment history, insurance, and your decision about retaining or surrendering the property. A discharge does not remove a valid lien.
How long does Chapter 7 take?
Many uncomplicated cases proceed through the meeting of creditors and discharge within a few months. Objections, missing documents, nonexempt assets, reaffirmation issues, or trustee requests can change the timing.
Start with a direct review of your facts
A Tamarac bankruptcy attorney can help you organize the questions that matter before you file. A Broward County bankruptcy lawyer can review your income, debts, property, prior filings, and deadlines and explain possible Chapter 7 or Chapter 13 paths.
The Law Offices of Conwade D. Lewis, P.A. provides direct attorney attention rather than routing the initial discussion through paralegals or intake staff. Attorney Conwade D. Lewis has been a member of The Florida Bar since 1992. A free initial consultation can help identify what information should be gathered and what issues require closer review.
Request a free bankruptcy consultation. Bring your questions and available financial records. A request submitted through the website does not create an attorney-client relationship, protect a deadline, or guarantee representation. Your legal options depend on your specific facts and current law.