There are certain attributes about a Chapter 13 Bankruptcy in Florida that may be helpful to understand. See 8 attributes that are useful to know.
The goal of this article is to provide information that will help ease the burden felt and inform you about a Chapter 13 bankruptcy in Florida along with other options to help you achieve debt freedom.
Chapter 13 Bankruptcy in Florida is for debtors with regular income who can pay back all or parts of debt in a monthly payment plan. Debtors are only able to use Florida bankruptcy exemptions, not federal exemptions. There are three bankruptcy districts and ten courthouses in Florida.
We are focusing on filing for bankruptcy in Florida because there are things that are state-specific and things that are nationally specific. We wrote an article covering the Chapter 13 bankruptcy process that covers some of the national specific elements.
We will cover the following elements of filing for bankruptcy in Florida:
Before we jump into state-specific information, I would like to provide a little information about Chapter 13 bankruptcy and a few of the key differences to Chapter 7 Bankruptcy Florida.
Chapter 13 Bankruptcy: Chapter 13 bankruptcy is also known as the “wage earners” bankruptcy. It is a voluntary reorganization of debts by the individuals according to the IRS. In this chapter, debtors (often with the help of attorneys) propose an installment repayment plan over three to five years. Many people do a Chapter 13 because they make too much money to file a Chapter 7, they have assets that are valuable, or they just prefer to do a Chapter 13. In Chapter 13, you will have a plan payment every month. To be eligible, you need to have regular income and not have over a certain amount of debt according to the bankruptcy code.
Chapter 7 Bankruptcy: A chapter 7 bankruptcy is also known as a “liquidation” bankruptcy. In this chapter, a debtor is often unable to pay his/her debts, so they enter this bankruptcy to attempt to discharge the debts. You must qualify for a Chapter 7 as it can be completed in as little as 120 days and it’s also generally less expensive. To qualify, you often have to be under the income limit for Chapter 7 bankruptcy. Our calculator below can help you estimate your Chapter 13 plan payment and also estimate whether you qualify for a Chapter 7.
Now that you have an understanding of the differences, let’s get into Chapter 13 Bankruptcy in Florida.
The Chapter 13 bankruptcy Florida plan payment estimate considers the IRS national expense figures and the state-specific expenses such as the Florida Administrative Expense Multiplier and the Florida Bankruptcy Allowable Living Expenses.
Most people are interested to understand whether they qualify for Chapter 7 and what his/her Chapter 13 plan payment would in Chapter 13. Estimating a more precise Chapter 13 bankruptcy plan payment on your own can be complicated because of the complex bankruptcy forms used. To aid, we build the following calculator to help estimate whether you qualify for a Chapter 7 AND to help estimate what your plan payment would be in a Chapter 13 bankruptcy
I have also included the information for the Florida Means Test on or after May 15, 2021 in the table below. Please note that there is an additional $9,000 for each individual after a household size of 9 people.
|# of People||Annual Income|
One of the things to consider to decide whether to pursue a Chapter 13 is whether you have assets above the exemptions. You may qualify via the Florida Bankruptcy Means Test for Chapter 7, but have such a large equity position in an asset then a Chapter 13 or Debt Settlement solution becomes a more feasible option.
Florida has certain statutes and bankruptcy exemptions that you must consider when filing a bankruptcy. If you have an asset that is above the Florida exemption, that asset could be liquidated. We wrote an extensive article titled Florida Bankruptcy Exemptions that covers the nuances of Florida exemptions and added those exemptions below. For the full list, we would recommend the Florida Statutes Government site.
Below is the written version of some of the Florida bankruptcy exemptions.
|Middle||Douglas W. Neway||(904) 358-6465|
|Middle||Kelly Remick||(813) 658-1165|
|Middle||Jon M. Waage||(941)747-4644|
|Middle||Laurie K. Weatherford||(407)648-8841|
|Northern||Leigh A. Hart||(850)681-2734|
|Southern||Nancy K. Neidich||(954)443-4402|
|Southern||Robin R. Weiner||(954)382-2001|
|Middle||Doreen R. Abbott||(904) 886-9459|
|Middle||Robert Altman||(386) 325-4691|
|Middle||Gregory L. Atwater||(904) 264-2273|
|Middle||Nicole Marie Cameron||(813) 645-8787|
|Middle||Dawn A. Carapella||(813) 685-8694|
|Middle||Gene T. Chambers||(407) 872-7575|
|Middle||Carolyn R. Chaney||(727) 864-9851|
|Middle||Aaron R. Cohen||904-389-7277|
|Middle||Gregory K. Crews||(904) 354-1750|
|Middle||Richard Michael Dauval||(727) 362-9003|
|Middle||Marie E. Henkel||(407) 438-6738|
|Middle||Christine L. Herendeen||(813) 438-3833|
|Middle||Larry S. Hyman||(813) 875-2701|
|Middle||Gordon P. Jones||(904) 262-7373|
|Middle||Dennis D. Kennedy||(321) 455-9744|
|Middle||Arvind Mahendru||(407) 504-2462|
|Middle||Stephen L. Meininger||(813) 301-1025|
|Middle||Douglas N. Menchise||(727) 797-8384|
|Middle||Carla P. Musselman||(407) 657-4951|
|Middle||Emerson C. Noble||(407) 628-9300|
|Middle||Lori Patton||(407) 937-0936|
|Middle||Luis E. Rivera, II||(239) 254-8466|
|Middle||Beth Ann Scharrer||(727) 392-8031|
|Middle||Alexander G. Smith||(904) 733-2000|
|Middle||Traci K. Stevenson||(727) 397-4838|
|Middle||Robert E. Tardif, Jr.||(239) 362-2755|
|Middle||Robert E. Thomas||(407) 677-5651|
|Middle||Richard B. Webber, II||(407) 425-7010|
|Middle||Angela Welch||(813) 814-0836|
|Northern||Theresa M. Bender||(850) 205-7777|
|Northern||Sherry F. Chancellor||(850)436 8445|
|Northern||Marybeth W. Colon||(850) 241-0144|
|Northern||Karin A. Garvin||(850) 437-5577|
|Southern||Roberto A. Angueira||(305) 263-3328|
|Southern||Michael R. Bakst||(561) 838-4539|
|Southern||Marc P. Barmat||(561) 395-0500|
|Southern||Scott N. Brown||(305) 379-7904|
|Southern||Jacqueline Calderin||(786) 369-8440|
|Southern||Drew M. Dillworth||(305) 789-3598|
|Southern||Marcia T. Dunn||(786) 433-3866|
|Southern||Robert C. Furr||(561) 395-1840|
|Southern||Ross R. Hartog||(954) 767-0030|
|Southern||Soneet R. Kapila||(954) 761-1011|
|Southern||Nicole Testa Mehdipour||(954) 858-5880|
|Southern||Deborah C. Menotte||(561) 795-9640|
|Southern||Barry E. Mukamal||(786) 517-5760|
|Southern||Leslie S. Osborne||(561) 368-2200|
|Southern||Chad S. Paiva||(561) 762-4118|
|Southern||Sonya Salkin Slott||(954) 423-4469|
|Southern||Joel L. Tabas||(305) 375-8171|
|Southern||Kenneth A. Welt||(954) 368-6682|
|Southern||Maria M. Yip||(305) 787-3750|
Now that you have an understanding of the districts, let’s see where you would go specifically if you pursued a Chapter 13 Bankruptcy in Florida.
|Florida District||Court Location||Counties Served||Address|
|Northern||Gainesville||Alachua, Dixie, Gilchrist, Lafayette, and Levy||401 SE First Ave. Gainesville, FL 32601|
|Northern||Tallahassee||Franklin, Gadsden, Jefferson, Leon, Liberty, Madison, Taylor, and Wakulla||110 East Park Avenue, Suite 100 Tallahassee, FL 32301|
|Northern||Pensacola||Escambia, Okaloosa, Santa Rosa, and Walton||100 N. Palafox St. Pensacola, FL 32502|
|Middle||Fort Myers||Charlotte, Collier, De Soto, Glades, Hendry and Lee||2110 First Street Fort Myers, Florida 33901|
|Middle||Jacksonville||Baker, Bradford, Citrus, Clay, Columbia, Duval, Flagler, Hamilton, Marion, Nassau, Putnam, St.Johns, Sumter, Suwannee, and Union.||300 North Hogan Street Suite 3-150 Jacksonville, Florida 32202|
|Middle||Tampa||Hardee, Hernando, Hillsborough, Manatee, Pasco,Pinellas, Polk and Sarasota||801 N. Florida Avenue Suite 555 Tampa, Florida 33602|
|Middle||Orlando||Brevard, Lake, Orange, Osceola, Seminole and Volusia||400 W. Washington Street Suite 5100 Orlando, FL 32801|
|Southern||Miami||Monroe, and Miami-Dade||301 North Miami Avenue, Room 150 Miami, Florida 33128|
|Southern||Ft. Lauderdale||Broward||299 East Broward Blvd., Room 112 Ft. Lauderdale, FL 33301|
|Southern||West Palm Beach||Highlands, Okeechobee, St. Lucie, Martin and Palm Beach||1515 North Flagler Drive, Suite 801 West Palm Beach, FL 33401|
There are a few main alternatives to a Chapter 13 bankruptcy. A Chapter 7 bankruptcy is an alternative if you qualify and if you wish to choose that path. The other alternatives are debt settlement, debt management, and trying to do it yourself without debt relief. Each has its own list of pros and cons and costs/fees, so feel free to write to us if you have any questions.
Debt Settlement: This is the method where a company or you would negotiate to lower the total amount owed to reduce your monthly debt payment each month.
Debt Management: This is the method where a company would negotiate to lower the interest rates to reduce your monthly debt payment each month. We wrote a comparison piece of debt management vs debt settlement as people often wonder about the differences between the two options.
Do it Yourself: We would recommend writing out all of your income and expenses each month to the nearest dollar then use a debt payoff method to help you get out of debt efficiently. It's not easy to stick with a debt payoff method, which is why we built the Savvy Deby Payoff App on iOS and Android to show you how much you can afford and where to put extra each month and to encourage you to stick with the program.
Below is a picture of the entire all in costs for a Chapter 13 bankruptcy that includes the attorney fees. Now this is often covered within the Chapter 13 plan, so you do not have to often pay this entire amount up front.
Below are some common questions and answers about a Chapter 7 or Chapter 13 bankruptcy in Florida that may be helpful to you
There are a few things that kick off when you declare bankruptcy:
Please see our article covering what happens when you declare bankruptcy for more detailed information.
An individual qualifies for a Chapter 13 bankruptcy in Florida as long as the individual's unsecured debts are below $419,175 and the individual's secured debts are less than $1,257,850 according to the American Bankruptcy Institute. This is for cases filed on or after April 1, 2019. Chapter 13 eligibility is quite a bit different, so many individuals are eligible for a Chapter 13 bankruptcy in Florida who may not be eligible for a Chapter 7 bankruptcy.
You can often keep your car in a Chapter 7 bankruptcy in Florida. There are numerous things to consider when making that decision. You may want to read our article covering how to keep your vehicle after filing bankruptcy.
Chapter 13 bankruptcy in Florida is a legitimate option for those who are struggling with debt and either do not qualify or do not want to pursue a Chapter 7. There are alternatives to bankruptcy such as debt management or debt settlement, so it is wise to consider all of your options and the pros and cons of those options before making a decision. Our Chapter 13 calculator compares your options and provides pros and cons, so you can use the calculator as a resource or do your own research about those options.
Debt can cause seemingly endless amounts of stress and anxiety, so we hope this article provided beneficial information to help aid you in your decision to achieve debt freedom.
You may also be more of a visual learner, so we developer a video to summarize a Chapter 13 bankruptcy in Florida below.