The Automatic Stay & Discharge in Florida
Filing bankruptcy triggers the automatic stay (11 U.S.C. § 362) — an immediate halt to most collection, including lawsuits, wage garnishment, repossession, and foreclosure. A discharge (11 U.S.C. § 524, § 727) permanently bars creditors from collecting discharged debts. But some debts are non-dischargeable (11 U.S.C. § 523): most recent taxes, student loans (absent undue hardship), child support and alimony, and debts from fraud or willful/malicious injury.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. How the stay and discharge apply to your debts is fact-specific — talk to a Florida bankruptcy attorney.
Two features of bankruptcy do the heavy lifting for a fresh start: the automatic stay at the beginning, and the discharge at the end.
The automatic stay
The moment you file — whether Chapter 7 or Chapter 13 — the automatic stay takes effect (11 U.S.C. § 362). It is an immediate halt to most collection, including:
- lawsuits to collect debts,
- wage garnishment,
- repossession of vehicles, and
- foreclosure on your home.
There are exceptions — for example, most criminal matters and some domestic-support actions can continue.
The discharge
A discharge is the goal of most cases. It permanently bars creditors from collecting discharged debts (11 U.S.C. § 524, § 727). After discharge, a creditor cannot lawfully pursue you for those debts again.
Debts that survive
A discharge is broad but not total. Some debts are non-dischargeable (11 U.S.C. § 523), including:
- most recent taxes,
- student loans (absent a showing of undue hardship),
- child support and alimony, and
- debts arising from fraud or willful and malicious injury.
Because the stay and discharge both depend on filing, Florida’s exemptions work alongside them to determine what you keep while collection is stopped.
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Start your free intakeFrequently asked questions
- What does the automatic stay stop?
- Filing triggers the automatic stay (11 U.S.C. § 362), which immediately halts most collection — lawsuits, wage garnishment, repossession, and foreclosure. Exceptions include most criminal matters and some domestic-support actions.
- What does a discharge actually do?
- A discharge permanently bars creditors from collecting the debts it covers (11 U.S.C. § 524, § 727). It's the legal fresh start at the end of a successful case.
- Which debts can't be wiped out?
- Some debts are non-dischargeable (11 U.S.C. § 523): most recent taxes, student loans (absent undue hardship), child support and alimony, and debts from fraud or willful and malicious injury.
Sources
Related guides
- Chapter 13 Bankruptcy in Florida Chapter 13 is reorganization for individuals with regular income: you repay some or all of your debts through a court-approved plan over 3 years (if below the state median income) or generally 5 years (if at or above median), with no plan exceeding 5 years (11 U.S.C. § 1322(d), § 1325). It lets you catch up on a mortgage or car and keep property. Debt limits apply (11 U.S.C. § 109(e)).
- Chapter 7 Bankruptcy in Florida Chapter 7 is liquidation bankruptcy: a trustee can sell nonexempt property to pay creditors, and you receive a discharge releasing personal liability for most unsecured debts (11 U.S.C. § 727). You must pass the means test and complete credit counseling. Because Florida's exemptions protect typical property, most Florida filers keep everything they own.
- Florida Bankruptcy Exemptions Florida opted out of the federal bankruptcy exemptions (Fla. Stat. § 222.20), so Florida filers use Florida exemptions. The homestead is exempt with no dollar cap on value (limited by acreage), though a federal rule caps recently acquired homestead equity. Florida also exempts a motor vehicle, head-of-family wages, and a wildcard for personal property if you don't use the homestead exemption.
- The Bankruptcy Means Test in Florida The Chapter 7 means test (11 U.S.C. § 707(b)) compares your current monthly income to the median income for your household size in Florida. Below median, you generally qualify for Chapter 7. Above median, a disposable-income calculation may create a presumption of abuse, pushing you toward Chapter 13. The U.S. Trustee updates the Florida figures periodically — check the current numbers.