Am I Eligible for Bankruptcy in Florida?
Bankruptcy can provide life-changing relief from overwhelming debt—but not everyone qualifies. Whether you’re considering Chapter 7 or Chapter 13, eligibility is based on your income, assets, debt type, and recent financial activity.
In this guide, we’ll break down who qualifies for bankruptcy in Florida, what red flags might affect your case, and how an experienced bankruptcy attorney in Tampa can help you determine the right path forward.
Who Can File Bankruptcy in Florida?
To file for bankruptcy in Florida, you must:
- Have lived in Florida for at least 91 days before filing
- Complete a credit counseling course from an approved provider within 180 days of filing
- Not have had a previous bankruptcy dismissed in the past 180 days due to noncompliance or fraud
Beyond these minimum requirements, eligibility is determined by the type of bankruptcy you intend to file.
Chapter 7 Bankruptcy Eligibility
Chapter 7 bankruptcy allows you to wipe out unsecured debt like credit cards, medical bills, and personal loans without a repayment plan. It’s designed for individuals with limited income and few assets.
You May Qualify If:
- Your income is below Florida’s median income for your household size
- Or, you pass the means test, which examines your disposable income after necessary expenses
- You haven’t received a Chapter 7 discharge in the last 8 years
As of 2024, Florida’s median income figures (subject to change) are:
- Household of 1: ~$60,000
- Household of 2: ~$75,000
- Household of 3: ~$88,000
- Household of 4: ~$104,000
If your income is above the median, you may still qualify based on allowed expenses—this is where a qualified attorney can help.
Red Flags That May Affect Chapter 7 Eligibility:
- High disposable income based on the means test
- Recent cash advances or luxury purchases
- Transferring property to friends or family before filing
- Inaccurate or incomplete financial disclosures
Chapter 13 Bankruptcy Eligibility
Chapter 13 bankruptcy allows you to restructure debt through a 3- to 5-year repayment plan, which can help stop foreclosure, catch up on car loans, and resolve tax debt.
You May Qualify If:
- You have a steady income from work, self-employment, or retirement benefits
- Your secured and unsecured debts are within allowable limits (currently around $2.75 million total, subject to change)
- You are current on your tax filings
Unlike Chapter 7, there’s no income ceiling—but you must show that your budget allows for consistent monthly plan payments.
Red Flags That May Affect Chapter 13 Eligibility:
- Unstable or irregular income
- Failure to file tax returns in recent years
- Debt above the federal threshold
- Recent bankruptcy filings that limit your ability to receive a discharge
What If You Don’t Qualify for Either?
If you’re not eligible for Chapter 7 and can’t afford Chapter 13 payments, you still have options:
- Negotiate with creditors or explore hardship relief
- Work with a debt settlement company (with caution)
- Revisit your budget and income to qualify in the future, potentially
Some people delay filing temporarily to meet eligibility or to complete pending legal or financial matters. An affordable bankruptcy attorney can help you create a plan that protects your interests.
Get an Eligibility Review from a Bankruptcy Attorney in Tampa
At the Debt Relief Law Offices of Tampa Bay, we’ve helped individuals and families across Florida determine bankruptcy eligibility and choose the best option for their needs. With over 35 years of experience, we offer honest answers, affordable rates, and personalized guidance through every step.
Serving clients in Tampa, New Port Richey, Wesley Chapel, and surrounding areas
Schedule a confidential consultation to see if you’re eligible for Chapter 7 or Chapter 13 bankruptcy.
Ziona Kopelovich, Esq. is a Board-Certified Consumer Bankruptcy Attorney and founder of Debt Relief Law Offices of Tampa Bay. Since 1996, she has helped Floridians navigate Chapter 7 and Chapter 13 filings, lien stripping, foreclosure defense, and post-discharge credit rebuilding. Passionate about second chances, Ziona blends deep legal expertise with genuine compassion to guide clients toward brighter, debt-free futures.
