Bankruptcy Law in Florida

What it means in Florida:
Bankruptcy in Florida follows federal bankruptcy law, but Florida has its own state exemption rules that determine what property filers are allowed to protect.

Key points:

• Cases are filed in U.S. Bankruptcy Court (Northern, Middle, or Southern District of Florida)
• Florida is an “opt-out” state — only Florida exemptions can be used (not federal exemptions)
• Filers must choose applicable Florida exemptions when claiming property protection

Florida-specific considerations:

• Florida provides a robust homestead exemption that can protect equity in a primary residence, regardless of value, if certain requirements are met
• Personal property exemptions protect clothing, furniture, tools of trade, and other essentials
• Motor vehicle and wildcard exemptions apply under Florida’s exemption scheme
• Retirement accounts are generally protected under federal and state rules

Whom it applies to:

• Florida residents struggling with debt
• Homeowners threatened with foreclosure
• Individuals or small business owners seeking financial relief