Florida's unlimited homestead exemption is famous, but its non-homestead protections are thin. Here is everything Miami-Dade, Broward, and Palm Beach filers need to know about required courses, S.D. Fla. court locations, and Florida-specific exemption rules.
Every individual filing bankruptcy in the Southern District of Florida must complete two educational courses. Many providers serving Miami offer courses in Spanish, Creole, and Portuguese.
Complete within 180 days before filing. A DOJ-approved counselor evaluates your finances and discusses alternatives to bankruptcy. Takes 60--90 minutes. Available online, by phone, or in person throughout Miami-Dade County.
File the certificate as Official Form 301. The S.D. Fla. requires this with your petition or within 14 days of filing.
Complete after filing but before discharge. Covers budgeting, money management, and rebuilding credit. About 2 hours. Must be from a DOJ-approved provider for the Southern District of Florida.
File the certificate as Official Form 423. In Chapter 7, this is typically due within 60 days of the 341 meeting. In Chapter 13, before your final plan payment.
The Southern District of Florida has three bankruptcy court divisions. Your county determines where you file.
C. Clyde Atkins U.S. Courthouse
301 N. Miami Avenue, Suite 150
Miami, FL 33128
Phone: (305) 714-1800
Serves Miami-Dade and Monroe counties. The busiest division in the S.D. Fla. 341 meetings are held at the Office of the U.S. Trustee, 51 SW 1st Avenue, Suite 1204, Miami, FL 33130.
299 E. Broward Boulevard, Suite 112
Fort Lauderdale, FL 33301
Phone: (954) 769-5700
Serves Broward County. 341 meetings held at the U.S. Trustee office in the same building complex.
1515 N. Flagler Drive, Suite 801
West Palm Beach, FL 33401
Phone: (561) 514-4100
Serves Palm Beach, Martin, St. Lucie, Indian River, Okeechobee, and Highlands counties.
Florida is a state-exemptions-only jurisdiction under Fla. Stat. section 222.20 -- you cannot elect federal exemptions. Florida's homestead protection is the headline, but everything else is among the least generous in the country.
Article X, Section 4 of the Florida Constitution protects unlimited equity in your primary residence, provided the lot is one-half acre or less within a municipality (Miami, Fort Lauderdale, etc.) or 160 acres outside city limits. There is no dollar cap on the equity protected. This is the most debtor-friendly homestead exemption in the nation alongside Texas.
Critical limitation: Under 11 U.S.C. section 522(p), if you acquired your Florida homestead within 1,215 days (approximately 3.3 years) before filing, the exemption is capped at $189,050 for value added beyond the 1,215-day lookback. This targets people who move to Florida to shelter assets.
| Property | Florida Exemption | Statute |
|---|---|---|
| Homestead | Unlimited (half-acre in city / 160 acres rural) | Fla. Const. Art. X sec. 4; Fla. Stat. 222.01-222.05 |
| Motor vehicle | $1,000 | Fla. Stat. 222.25(2) |
| Personal property | $1,000 | Fla. Stat. 222.25(4) |
| Wages (head of family) | 100% if below $750/week; if above, up to $750/week deposited in bank for 6 months | Fla. Stat. 222.11 |
| Retirement (ERISA-qualified) | Unlimited | Fla. Stat. 222.21(2)(a) |
| Life insurance cash value | Unlimited | Fla. Stat. 222.14 |
| Annuities | Unlimited | Fla. Stat. 222.14 |
| Disability/illness benefits | Unlimited | Fla. Stat. 222.18 |
| Hurricane savings | $2,000 | Fla. Stat. 222.25(3) |
| Prepaid college (529 plan) | Unlimited | Fla. Stat. 222.22 |
Florida recognizes tenancy by the entireties for married couples. Property held this way may be fully exempt from the claims of an individual spouse's creditors -- even beyond the standard exemptions. This is a powerful additional protection unique to Florida and a few other states.
To use Florida exemptions, you must have been domiciled in Florida for at least 730 days (2 years) before filing under 11 U.S.C. section 522(b)(3). New Florida residents who relocated from another state may be forced to use their prior state's exemptions or, in some cases, federal exemptions.
The S.D. Fla. requires proof of residency in the district. If you live in Miami-Dade, you file in Miami. Broward files in Fort Lauderdale. Palm Beach and counties north file in West Palm Beach.
Florida does not have a "ride-through" option the way some other districts informally allow. If you want to keep a financed car in Chapter 7, you will generally need to reaffirm the debt, redeem the vehicle at fair market value, or surrender it. The S.D. Fla. scrutinizes reaffirmation agreements for undue hardship.
(305) 576-0080
Free civil legal aid for Miami-Dade residents below 200% FPL. Bilingual (English/Spanish) intake. Handles consumer bankruptcy, foreclosure defense, and debt collection defense. 3000 Biscayne Blvd., Suite 500, Miami, FL 33137.
(954) 736-2400
Serves Broward County low-income residents. Consumer bankruptcy, foreclosure prevention, and debt defense. 491 N. State Road 7, Plantation, FL 33317.
(561) 655-8944
Free legal services for Palm Beach County residents. 423 Fern Street, Suite 200, West Palm Beach, FL 33401.
(305) 579-5733
Dade County Bar Association volunteer program matching low-income residents with pro bono attorneys. Operates through the Miami-Dade County courthouse. One of the largest pro bono programs in Florida.
UM School of Law, 1311 Miller Drive, Coral Gables, FL 33146. Law students under faculty supervision handle consumer bankruptcy cases for qualifying individuals.
Florida International University, 11200 SW 8th Street, Miami, FL 33199. Offers free legal assistance including bankruptcy and debt-related matters to qualifying low-income residents of South Florida.
Two courses: (1) pre-filing credit counseling within 180 days before filing, and (2) post-filing financial management before discharge. Both from DOJ-approved agencies. Many Miami providers offer Spanish-language courses. Costs run $10--$50 per course, with fee waivers for low-income filers.
Yes. Florida protects unlimited equity in your primary residence on up to half an acre within a municipality or 160 acres in rural areas. However, if you acquired the homestead within 1,215 days (about 3.3 years) before filing, 11 U.S.C. section 522(p) caps the exemption at $189,050 for value added during that period.
The C. Clyde Atkins U.S. Courthouse at 301 N. Miami Avenue, Suite 150, Miami, FL 33128. Phone: (305) 714-1800. The S.D. Fla. also has divisions in Fort Lauderdale (299 E. Broward Blvd.) and West Palm Beach (1515 N. Flagler Drive).
Yes. Many DOJ-approved agencies serving the S.D. Fla. offer courses in Spanish (and some in Creole). Online and telephone options are available. Legal Aid of Miami-Dade also provides bilingual intake at (305) 576-0080.
Florida allows only $1,000 for a motor vehicle -- one of the lowest in the nation. This makes Chapter 7 risky for anyone who owns a car outright worth more than $1,000. In South Florida, where public transit coverage is limited outside downtown Miami, this forces many debtors into Chapter 13 to keep their vehicle.
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