Use our free tool to see if your household income falls below the Florida median. This is the first step to wiping out debt.
Florida Chapter 7 Eligibility Check
Based on the "Means Test" Calculation (Form 122A-1)
Includes you, your spouse (if living together), and dependents.
Gross Income = Before Taxes. Do not use "take-home" pay.
Add up all earnings before any deductions for the last 6 months, then divide by 6.
Add up all earnings before any deductions for the last 6 months, then divide by 6.
ℹ️ What counts as "Gross Income"?
Include (Before Taxes/Deductions):
Do NOT Include:
- Wages, Salary, Tips, Bonuses, Overtime
- Net Business or Rental Income
- Unemployment Compensation
- Pension & Retirement Income
- Child Support & Alimony Received
- Regular contributions from others (e.g. roommate paying bills)
Do NOT Include:
- Social Security Benefits (Retirement, SSDI, SSI)
- COVID-19 Relief Payments
Disclaimer: This tool estimates eligibility based on the "Current Monthly Income" (CMI) standard. It compares your annualized average income against 2024/2025 Florida Census Data. Results are for informational purposes only and do not constitute legal advice.
Start Gathering Your Documents
To speed up your filing process, we recommend locating these documents before your free consultation.
Proof of Income
- Pay stubs for the last 6 months (you/spouse).
- Proof of other income (SS, Unemployment).
- Profit & Loss if self-employed (YTD).
Tax Returns
- Federal tax returns last 2 years (1040).
- W-2s and 1099s for last 2 years.
- If you haven't filed, let us know.
Assets & Banking
- Bank statements last 6 months (All accounts).
- Retirement statements (401k, IRA).
- Vehicle Titles or Lease Agreements.
- Real Estate Deeds or Mortgage statements.
Debts & Identity
- Driver's License or State ID.
- SS Card (Original needed for 341 mtg).
- Copies of lawsuits/judgments.
- Collection letters.
Common Chapter 7 Questions
Straight answers to your biggest financial fears.
Will I lose my house if I file?
In most Florida cases, the answer is NO.
Florida has one of the most generous Homestead Exemptions in the country. If you have owned your home for at least 1,215 days (approx 3.5 years), the equity in your primary residence is usually 100% protected from creditors.
However, you must continue to pay your mortgage. Bankruptcy discharges unsecured debt (like credit cards), but it does not erase the lien on your home.
Florida has one of the most generous Homestead Exemptions in the country. If you have owned your home for at least 1,215 days (approx 3.5 years), the equity in your primary residence is usually 100% protected from creditors.
However, you must continue to pay your mortgage. Bankruptcy discharges unsecured debt (like credit cards), but it does not erase the lien on your home.
Can I keep my car?
Yes, in the vast majority of cases.
Florida law now provides an exemption of up to $5,000 for the equity in a single motor vehicle titled in the debtor's name.
How we determine if your car is safe:
Florida law now provides an exemption of up to $5,000 for the equity in a single motor vehicle titled in the debtor's name.
How we determine if your car is safe:
- If you are financing: We calculate your "Equity" (Current Market Value minus Your Loan Balance). As long as this equity is under $5,000, the vehicle is fully protected.
- If it is paid off: The exemption covers the first $5,000 of the car's value. (If you do not own a home, we may also be able to apply an additional "wildcard" exemption).
- What if I have too much equity? You typically do not lose the car! The Trustee may offer a "Buy-Back" option, allowing you to pay the non-exempt equity portion over time to keep your vehicle.
Will bankruptcy ruin my credit forever?
No. It is actually the first step to rebuilding it.
While a bankruptcy filing remains on your credit report for 10 years, the impact lessens over time. Many clients find that their credit score actually improves within a year of filing because their debt-to-income ratio is fixed and they are no longer missing payments. You can often qualify for car loans and even mortgages sooner than you think.
While a bankruptcy filing remains on your credit report for 10 years, the impact lessens over time. Many clients find that their credit score actually improves within a year of filing because their debt-to-income ratio is fixed and they are no longer missing payments. You can often qualify for car loans and even mortgages sooner than you think.
What debts are wiped out?
Chapter 7 is designed to discharge "Unsecured Debts."
This includes:
This includes:
- Credit Card balances
- Medical bills
- Personal loans
- Utility bills and older tax debts (in some cases)
Does my spouse have to file with me?
No. You can file individually.
However, your spouse's income must still be disclosed for the "Means Test" (to determine household eligibility), even if they are not filing. If you have shared debts, filing alone means your spouse may still be liable for those specific joint debts. We can discuss which strategy protects your family best during your consultation.
However, your spouse's income must still be disclosed for the "Means Test" (to determine household eligibility), even if they are not filing. If you have shared debts, filing alone means your spouse may still be liable for those specific joint debts. We can discuss which strategy protects your family best during your consultation.
You’ve Done the Research. Now Get the Relief.
Calculators and checklists are a great start, but nothing replaces a conversation with a real attorney. We can confirm your eligibility, protect your assets, and stop the creditor calls—starting today.
Schedule Your Free Consultation Or call us directly at (954) 218-5535
