Find Local Law

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.

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. Exemption dollar figures change and applying them is fact-specific — talk to a Florida bankruptcy attorney.

Exemptions decide what property you keep in bankruptcy. Florida opted out of the federal bankruptcy exemptions (Fla. Stat. § 222.20), so Florida filers must use Florida’s exemptions — and they’re generous.

Homestead — no dollar cap on value

Florida’s signature protection is the homestead exemption: your home is exempt with no dollar cap on its value, limited only by acreage — ½ acre within a municipality or 160 acres outside one (Art. X, § 4, Fla. Const.; § 222.01).

One important federal limit applies: equity in a homestead acquired within 1,215 days before filing is capped at an inflation-adjusted amount — currently $214,000 for cases filed Apr 1, 2025–Mar 31, 2028 (confirm current) (11 U.S.C. § 522(p)).

Vehicle, wildcard, and personal property

  • Motor vehicle: up to $5,000 (confirm current — raised from $1,000 in 2022) (§ 222.25(1)).
  • Wildcard: an extra $4,000 of personal property if you do NOT use the homestead exemption (confirm current) (§ 222.25(4)).
  • Personal property: $1,000 (Art. X, § 4, Fla. Const.).

Head-of-family wages

If you provide more than half the support for a dependent, your disposable earnings are exempt from garnishment when they are $750 per week or less (confirm current) (§ 222.11).

These exemptions are why most Chapter 7 filers keep everything, and they apply in Chapter 13 too.

To get matched with a local Florida bankruptcy attorney, connect with a lawyer.

Connect with a local attorney

Tell us about your situation and we'll match you with a local California attorney who handles matters like yours. Free, no obligation.

Start your free intake

Frequently asked questions

Can I use the federal bankruptcy exemptions in Florida?
No. Florida opted out of the federal exemptions (Fla. Stat. § 222.20), so Florida filers must use Florida's exemptions instead.
Is there really no dollar limit on the Florida homestead?
Florida's homestead is exempt with no cap on value, limited only by acreage — ½ acre within a municipality or 160 acres outside (Art. X, § 4, Fla. Const.; § 222.01). But a federal rule caps homestead equity acquired within 1,215 days before filing (currently $214,000 for cases filed Apr 1, 2025–Mar 31, 2028; confirm current) (11 U.S.C. § 522(p)).
What if I don't own a home?
If you don't use the homestead exemption, Florida gives you a wildcard of an extra $4,000 of personal property (Fla. Stat. § 222.25(4); confirm current), on top of the $1,000 motor-vehicle and $1,000 personal-property exemptions.

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.
  • 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.
  • 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.

← Back to Bankruptcy