Chapter 7 is the fastest path to debt relief. Most unsecured debts are eliminated in 3-4 months. Here is what Miami residents need to know.
Chapter 7, sometimes called "liquidation bankruptcy" or a "fresh start," eliminates most unsecured debts. A court-appointed trustee reviews your assets. If you have non-exempt property, the trustee may sell it to pay creditors -- but most Chapter 7 cases are "no-asset" cases where the filer keeps everything.
In Miami, the vast majority of Chapter 7 filers keep all their property because it falls within Florida exemption limits.
To file Chapter 7, you must pass the means test. This compares your household income to the state median:
For a single filer in Florida, the current median is approximately $54,000/year. These figures increase with household size.
Exemptions determine what property you keep. Florida requires you to use state exemptions -- you cannot choose the federal exemption system.
| Property | Florida Exemption | Statute |
|---|---|---|
| Homestead | Unlimited value (half-acre in city / 160 acres rural) | Fla. Const. Art. X, Sec. 4 |
| Vehicle | $1,000 | Fla. Stat. 222.25(1) |
| Personal property | $1,000 | Fla. Stat. 222.25(2) |
| Wildcard | $4,000 (if no homestead claimed) | Fla. Stat. 222.25(4) |
| Tools of trade | $750 | N/A |
| Retirement accounts (IRA, 401k, pension) | Unlimited | Fla. Stat. 222.21 |
| Social Security benefits | Unlimited | 42 U.S.C. 407 |
| Wages (head of family) | Unlimited | Fla. Stat. 222.11 |
| Life insurance (cash value) | Unlimited | Fla. Stat. 222.14 |
| Health aids | Unlimited | Fla. Stat. 222.25(2) |
Chapter 7 discharges most unsecured debts including credit cards, medical bills, personal loans, and old utility bills. It does not discharge student loans (in most cases), recent taxes, child support, alimony, or debts incurred through fraud. See section 523(a) for the full list.
The means test compares your household income to the Florida median. If your income is below the median for your household size, you automatically qualify. If above, a more detailed calculation determines whether you have enough disposable income to fund a Chapter 13 plan instead.
From filing to discharge, Chapter 7 typically takes 3-4 months. The 341 meeting of creditors occurs about 30 days after filing, and the discharge is usually entered about 60 days after that.
Florida exemptions protect: homestead equity of Unlimited (half-acre in city), vehicle equity of $1,000, personal property of $1,000, and retirement accounts. Full exemption details.
Use the free 1328(f) screener to check whether a prior discharge affects your eligibility for a new discharge.
Free Discharge Screener