The Florida Answer in One Paragraph
Florida filers choose between Chapter 7 (liquidation, 3-4 months, strong discharge rate) and Chapter 13 (3-5 year repayment plan, better for saving a home from foreclosure or for filers above the means test). Three Florida-specific inputs drive the choice: (1) the Florida means test median of $69,876 for a 1-person household, (2) the Florida homestead exemption of Unlimited (1/2 acre urban, 160 rural), and (3) the local filing mix and outcome data below. Everything else on this page is elaboration on those three factors.
Quick Side-by-Side
Chapter 7 in Florida
Chapter 13 in Florida
Florida Means Test Thresholds (April 2026)
Florida's single-person median of $69,876 sits near the national midpoint. Filers close to the line should compute a careful 6-month average -- one high month (bonus, overtime, commission spike) can flip Part 1 from pass to fail.
| Household Size | Florida Median Income |
|---|---|
| 1-person household | $69,900 |
| 2-person household | $90,800 |
| 3-person household | $106,200 |
| 4-person household | $123,700 |
| 5-person household | $134,200 |
| 6-person household | $144,600 |
For household sizes above 6, add $11,100 per additional member. Full details at the Florida means test calculator. For a general discussion, see our means test overview.
Florida Homestead Exemption and the Chapter Choice
Florida has an unlimited (or nearly unlimited) homestead exemption under Fla. Const. art. X Sec 4. That is a powerful Chapter 7 protection: you can keep a home with very substantial equity and still wipe out your unsecured debt. Federal BAPCPA restrictions (11 U.S.C. Section 522(p) -- $214,000 cap for property acquired within 1,215 days) can limit this in a narrow set of cases. Homeowners in Florida should almost always model Chapter 7 before considering Chapter 13.
Florida is a state-exemptions-only jurisdiction. The federal exemption scheme under 11 U.S.C. Section 522(d) is not available. Review the full exemption list at bankruptcyexemptionsbystate.com/florida before assuming any specific asset is safe.
Homestead amount (Florida): Unlimited (1/2 acre urban, 160 rural). Statute: Fla. Const. art. X Sec 4.
Florida's Chapter 7 vs Chapter 13 Filing Mix
Florida's Ch. 7/13 mix is roughly balanced: 53.0% Chapter 7 vs 47.0% Chapter 13 across 46,008 cases. This is more Chapter 13-heavy than the national average. Ask your attorney to explain why your facts fit Chapter 13 better than Chapter 7 before committing to a 3-5 year plan.
Why does filing mix matter? Attorney fee structures often favor Chapter 13 (paid through the plan rather than up-front), which can produce local-market bias toward Chapter 13 that is not driven by individual debtor facts. FJC data lets you see whether Florida's mix matches the economics of the typical filer's situation.
Florida Federal Court Data
Numbers below come from the Federal Judicial Center Integrated Database, covering 46,008 consumer bankruptcy cases filed in Florida's federal bankruptcy courts.
| Chapter | Cases Filed | Discharge Rate (resolved) |
|---|---|---|
| Chapter 7 | 24,389 | 94.8% |
| Chapter 13 | 21,619 | 51.4% |
Outcomes in Florida differ sharply between the chapters. Of resolved Chapter 7 cases in the FJC database, 94.8% end in discharge. Of resolved Chapter 13 cases, only 51.4% end in discharge; the remaining 48.6% are dismissed before the plan completes. If you are physically able to file either chapter, this gap is a reason to think hard before committing to a 3-5 year Chapter 13 plan in Florida.
Which Chapter Fits Which Florida Filer?
- If your income is below the Florida median ($69,876, 1-person) and you own little non-exempt property: Chapter 7 is almost certainly the right choice. Fast, cheap, and the highest discharge rate in consumer bankruptcy.
- If you are behind on your mortgage or car loan and want to keep the collateral: Chapter 13 lets you cure arrears over 36 to 60 months while the automatic stay blocks foreclosure and repossession.
- If you have high home equity and Florida caps the homestead exemption: run the numbers on Chapter 13 cramdown, lien stripping (for wholly underwater junior liens), and the federal BAPCPA homestead cap before assuming Chapter 7 is safe.
- If you have filed before within the lookback windows: use the 1328(f) discharge screener first -- a prior Chapter 7 discharge bars another Chapter 7 for 8 years, and a prior Chapter 13 discharge bars another Chapter 13 for 2 years.
Rule of thumb for Florida: if you qualify for Chapter 7 on the means test AND your home equity is within the Unlimited (1/2 acre urban, 160 rural) homestead, Chapter 7 is almost always the right choice. Chapter 13 is the right answer when specific facts (arrears, non-exempt equity, prior Chapter 7 within 8 years) rule Chapter 7 out.
Frequently Asked Questions
Is Chapter 7 or Chapter 13 better in Florida?
For most Florida filers who pass the means test, Chapter 7 is faster, cheaper, and succeeds more often. Chapter 13 is the right choice if you need to save a home from foreclosure, cure arrears, catch up on priority taxes, or cannot qualify for Chapter 7.
What is the Chapter 7 income limit in Florida?
There is no hard dollar limit. The means test compares your 6-month average income (annualized) to the Florida median for your household size. One person: $69,876. Four person: $123,700. Above-median filers can still qualify by running Part 2 expense deductions.
Can I use federal bankruptcy exemptions in Florida?
No. Florida opted out of the federal bankruptcy exemption scheme. Filers must use state exemptions exclusively.
How much home equity is protected in Florida bankruptcy?
Florida's homestead exemption protects Unlimited (1/2 acre urban, 160 rural) under Fla. Const. art. X Sec 4. Federal BAPCPA limits (11 U.S.C. Section 522(p)) can cap this at approximately $214,000 for a residence acquired within 1,215 days of filing.
How long does bankruptcy take in Florida?
Chapter 7 takes 3 to 4 months from filing to discharge in Florida federal bankruptcy court. Chapter 13 takes 3 years (below-median) or 5 years (above-median) of monthly plan payments before discharge.
Can I switch from Chapter 13 to Chapter 7 in Florida?
Yes. Under 11 U.S.C. Section 1307(a), a Chapter 13 debtor in Florida generally has the right to convert to Chapter 7 at any time, as long as the case was not previously converted from Chapter 7. You must still pass the means test at the time of conversion.
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Last updated: 2026-04-18. Not legal advice. Statutory homestead and median-income figures are reproduced from public sources and may lag statutory amendments -- verify against current state statute before relying.
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