Bankruptcy / Florida / Homestead

Filing Bankruptcy in Homestead: 7 Things You Need to Know

Written by Ben Tejes
Updated Apr 16th, 2024

You are considering filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy in Homestead. Bankruptcy is a common debt relief choice. In fact, many people in Florida have received bankruptcy relief, and Homestead is no different. In fact, there were 33,898 bankruptcies filed in Florida in the year ending June 30, 2021 (Source). With a population of 69523, I’d estimate a fair number of those were in Homestead.

The purpose of this article is to provide an extensive list of filing bankruptcy in Homestead including:

  1. Chapter 7 Bankruptcy in Homestead
  2. Chapter 13 Bankruptcy in Homestead
  3. Homestead Bankruptcy Attorney Fees
  4. Finding a Reputable Bankruptcy Lawyer in Homestead
  5. Estimating Loss of Belonging (i.e.
  6. Getting Bankruptcy Help in Homestead
  7. Bankruptcy Alternatives and Conclusion

Without further ado, let’s get started with Chapter 7 bankruptcy.

Chapter 7 Bankruptcy in Homestead

Chapter 7 bankruptcy is the most common consumer bankruptcy in the United States. People appreciate the simplicity of Chapter 7 bankruptcy, the cost of the Chapter 7 bankruptcy, and the speed of debt relief. For example, in Homestead, you could get debt relief in about 120 days with a Chapter 7 bankruptcy.

One of the challenges of Chapter 7 bankruptcy in Homestead is that you have to qualify. In order to qualify in Homestead, you often have to pass the Florida bankruptcy means test. You can estimate that qualification below in Homestead. Let’s cover how you can qualify.

Chapter 7 Qualification

The first part of the means test is to understand your income in relation to the median income levels for Florida. It considers the average family size and income.

To estimate your qualification, you can take the Homestead Chapter 7 qualification calculator below that is specific to Homestead.

Finally, the most recent Florida median income levels is for cases filed on or after April 1, 2024, and can be found below. 

# of PeopleAnnual Income

If your income exceeds the median, you can move on to the second part of the means test to estimate qualification. The second part of the means test is to understand your actual expenses. You can check out our guide covering trying to qualify for Chapter 7 bankruptcy above the median.

For example, the average median rent amount in Homestead is $1267, but let's say your rent is almost double that amount. Could you potentially still qualify for Chapter 7 bankruptcy because of those additional expenses? What you are able to state as ab expense is limited, and you can refer to the current national standard for the maximum amounts, but you may want to speak with your attorney about this situation.

Which Could Would You File In If You Live In Homestead?

Homestead is located in the Florida Southern district, so our understanding is that you would be filing your bankruptcy in the Miami bankruptcy court. Here's the estimated information we have for your court:

Miami Bankruptcy Court
Address: 301 N Miami Ave # 150, Miami, FL 33128
Phone: (305) 714-1800

Does that mean you would have to drive to court?

Not necessarily. 

Please note that main meeting for a Chapter 7 bankruptcy is the 341 meeting of creditors, which is often online via Zoom or another teleconference after the COVID-19 pandemic. 

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is known as a wage-earner bankruptcy. Chapter 13 bankruptcy is a voluntary reorganization of debt.  In Chapter 13 bankruptcy, the individual has debt that they can no longer manage and often own assets that exceed state and/or federal relief. Folks file Chapter 13 bankruptcy often when they do not qualify for Chapter 7 bankruptcy.  

Most individuals in Homestead will qualify for Chapter 13 bankruptcy as long as they are below the debt limits.

Compared to Chapter 7, there is no liquidation in Chapter 13 Bankruptcy. Although, the discharge won’t be until around 3 to 5 years. The Chapter 13 bankruptcy will stay on your credit report for 7 years.

Homestead Bankruptcy Attorney Fees

When looking for a bankruptcy attorney, we recommend that you look for these 5 attributes: Rate, Reliability, Referrals, Reviews, and Relevancy. You can check our guide to find a top bankruptcy attorney in Homestead.

The estimated Chapter 7 bankruptcy lawyer fee in Homestead is: $1162 - $3000.

The estimated Chapter 13 bankruptcy lawyer fee in Homestead is: $3500 - $4000. The Chapter 13 attorney fee is often set across the district, meaning that all Chapter 13 bankruptcy attorneys in a district may charge around the same fee.

Homestead Bankruptcy Attorneys

One of the most important things to do is to find a reputable bankruptcy attorney in Homestead if you decide to hire one. This is legal advice related to finances that are going to affect your future. For example, making sure you are in the right bankruptcy chapter (Chapter 7 vs Chapter 13) could cost you thousands more and take you years longer.

Chapter 7 Bankruptcy Lawyer

As stated above, Homestead has a population of 69523. In many cases, individuals in larger cities such as Jacksonville or Miami would like a bankruptcy lawyer close by. In smaller cities, I have found that individuals have questions about whether the bankruptcy will show up in the newspaper or whether friends will hear about it. This is a valid question.

Regardless, you can check the Chapter 7 bankruptcy lawyers in or near Homestead using the table below. You just need to input your zip code, and voila, you can choose which Chapter 7 bankruptcy lawyer you would like to speak to near or far away from Homestead in a free bankruptcy lawyer consultation

Chapter 13 Bankruptcy Lawyer

Filing a Chapter 13 bankruptcy in Homestead may be a bit more intensive, so you may consider a Chapter 13 bankruptcy that is closer to you. That said, with the internet and the pandemic, many of the meetings are now online and you can generally submit your documentation online as well.

How much a Chapter 13 bankruptcy attorney often charges is based on what's called a no-look fee. We do our best to track the Chapter 13 attorney fee in Homestead.

Bankruptcy Exemptions in Florida

As you live in Homestead, you are often able to use the Florida bankruptcy exemptions to help you keep your belongings.

One of the biggest questions people have is whether they are able to keep their homes in bankruptcy. This is where bankruptcy exemptions come into play. As Homestead has a home ownership % of 40.9% and an estimated estimated home value of $221355, you can understand that many people want to keep this asset. You can often keep your assets using bankruptcy exemptions.

Here are the Florida bankruptcy exemptions. The exemptions are revised on different occasions, so you may wish to check the most current information on exemptions. Also, as a reference, Florida is a place that does not allow you to use federal bankruptcy exemptions. You often have to choose which one to use, so a bankruptcy attorney can help you with that option.

Homestead Exemption

The homestead exemption is often broken down by age and whether you are married. 

  • Single and under 65: Infinite
  • Single is 65 or older: Infinite
  • Married and under 65: Infinite
  • Married is 65 or older: Infinite

Florida specific homestead bankruptcy exemption text: “Fla. Stat. Ann. §§ 222.01, 222.02, Fla. Const. Art. X, § 4. Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; boats generally not protected; spouse or child of deceased owner may claim homestead exemption (husband & wife may double). Bankruptcy requires 40 months residency in homestead.” (Source)

Automobile Exemption

The automobile bankruptcy exemption in Florida is $1,000.

Wildcard Exemption

The wildcard bankruptcy exemption in Florida is $4,000.

Personal Property Exemption

The personal property bankruptcy exemption in Florida is $1,000.

Special Exemption Handling for Florida

Below is specific special handling of bankruptcy exemptions in Florida.

  • Automobile: If the case is a joint case, a couple can exempt $2,000 for one vehicle, but can't exempt $1,000 each in 2 vehicles.
  • Personal: up to $4,000 based on unused homestead exemption

Bankruptcy Help in Homestead

Unemployment can cause both frustration and angst about options. The most recent statistic I found is that the Homestead unemployment rate is 7.1%. There may be resources available to help. In addition to the unemployment rate, Homestead has a disability rate of 10.9%. As such, if you are truly in need and don’t have income, there are resources that may be available that can help you.

Check out the legal aid and free resources that may be available in Homestead.

Legal Aid and Free Resources

Here are some legal aid resources that may be helpful to you in Homestead.

The bankruptcy court and district may have free resources that are available to you. I have included the information below. 

Lastly, Homestead also has a limited English rate of 21.5% and a poverty rate of 23.8%. If you have limited English, you may check out the court websites for Florida for additional information on how you can be served. You can also see how filing bankruptcy without an attorney can work if you cannot afford a bankruptcy lawyer.

Courts and Districts in Florida

Northern District

  • United States Courthouse
    401 SE First Ave.
    Gainesville, FL 32601
  • U.S. Courthouse
    One North Palafox St.
    Pensacola, FL 32502

Middle District

  • 2110 First Street
    Fort Myers, Florida 33901
  • 300 North Hogan Street
    Jacksonville, Florida 32202
  • 207 Northwest Second Street
    Ocala, Florida 34475
  • 401 West Central Boulevard
    Orlando, Florida 32801
  • 801 North Florida Avenue
    Tampa, Florida 33602

Southern District

  • 400 North Miami Avenue
    Miami, FL 33128
  • 299 East Broward Boulevard #108
    Fort Lauderdale, FL 33301
  • 701 Clematis Street, Room 202
    West Palm Beach, FL 33401
  • 101 South U.S. Highway 1, Room #1016
    Ft. Pierce, FL 34950
  • 301 Simonton Street
    Key West, FL 33040

Debt Settlement in Homestead

One of the most common alternatives to bankruptcy is debt settlement. A debt settlement firm would negotiate for a lower amount due on your debt in the case of financial hardship. The goal would be to reduce your debt in half. In this case, you would have a lower monthly payment.

If you are looking at debt settlement in Homestead, you may want to consider a national debt settlement firm to a local one in Homestead. For example, most of your creditors are probably national banks instead of local Homestead banks. As such, you can potentially get lower fees by using a national firm. You should strongly consider the pros and cons and credit score impact before taking the plunge as Ascend only recommends 2 debt settlement firms nationwide that both offer free phone evaluations.


Chapter 7 bankruptcy and Chapter 13 bankruptcy in Homestead can provide debt relief. That said, you may want to consider the cost of bankruptcy in Homestead, the different bankruptcy chapters, reputable attorneys in Homestead and alternatives to help you make the most informed decision. 

You can also take our Chapter 7 vs Chapter calculator below to help you estimate the cost and qualification of Chapter 7 bankruptcy and Chapter 13 bankruptcy in Homestead.