Chapter 13 bankruptcy in Florida is a court-supervised repayment plan that lets you stop foreclosure, cure mortgage arrears, reduce certain car loan balances, and keep property you would lose in a Chapter 7 liquidation — all while paying creditors over three to five years. Florida homeowners facing foreclosure or residents with income above the Chapter 7 means test threshold file Chapter 13 more than almost any other state. Chapter 7 bankruptcy in Florida discharges debt faster but cannot cure mortgage arrears or protect non-exempt assets from a trustee sale.
What Is Chapter 13 Bankruptcy in Florida?
Chapter 13 bankruptcy — sometimes called the “wage earner’s plan” — is a reorganization bankruptcy under Title 11 of the United States Code. Rather than liquidating your assets, you propose a repayment plan that lasts three to five years. At the end of the plan, remaining eligible unsecured debts are discharged.
Chapter 13 is especially well-suited for Florida filers for several reasons. Florida’s unlimited homestead exemption protects the full equity in your primary residence — and Chapter 13 adds a second layer of protection by letting you cure mortgage arrears over the life of the plan, stopping foreclosure in its tracks. Florida also has a high rate of Chapter 13 filings compared to the national average, driven by high home values in Miami, Orlando, Tampa, and Jacksonville markets where residents are more likely to be behind on a mortgage they want to save.
The U.S. Courts Chapter 13 overview provides the federal framework. Florida’s three bankruptcy districts — Northern, Middle, and Southern — each have their own local rules, plan forms, and trustee procedures that affect how your case is administered.
Who Qualifies for Chapter 13 Bankruptcy in Florida?
To file Chapter 13 bankruptcy in Florida, you must meet four requirements:
- Regular income: You must have a stable, regular income — wages, self-employment, pension, Social Security, or rental income — sufficient to fund a repayment plan.
- Debt limits (April 2025–March 2028): Your debts must fall within the current federal limits shown in the table below.
- Credit counseling: You must complete an approved credit counseling course within 180 days before filing.
- No recent dismissals: If a prior bankruptcy case was dismissed within the past 180 days for willful failure to comply with court orders, you may be temporarily ineligible to file again.
| Debt Type | Maximum Allowed | Effective Period |
|---|---|---|
| Secured debts (mortgages, car loans) | $1,580,125 | April 1, 2025 – March 31, 2028 |
| Unsecured debts (credit cards, medical bills) | $526,700 | April 1, 2025 – March 31, 2028 |
Unlike Chapter 7, there is no means test to pass for Chapter 13 eligibility. Your income level determines the length of your repayment plan, not whether you can file.
How the Chapter 13 Repayment Plan Works in Florida
Your repayment plan is submitted within 14 days of filing. The court must confirm it at a confirmation hearing, typically held 45–90 days after filing. Once confirmed, you make monthly payments to your Chapter 13 trustee, who distributes funds to creditors according to the plan.
Plan length depends on your income relative to Florida median income (effective November 1, 2025):
| Household Size | Florida Median Income | Plan Length |
|---|---|---|
| 1 person | $68,085/year | 3 years if below median; 5 years if above |
| 2 people | $82,708/year | 3 years if below median; 5 years if above |
| 3 people | $94,150/year | 3 years if below median; 5 years if above |
| 4 people | $108,351/year | 3 years if below median; 5 years if above |
| 5+ people | Add $11,100 per additional person | 3 years if below median; 5 years if above |
The plan must pay: (1) all priority debts in full — taxes, domestic support obligations, and trustee fees; (2) secured creditors at least the value of their collateral; and (3) unsecured creditors at least as much as they would receive in a Chapter 7 liquidation. Any remaining eligible unsecured balance is discharged at plan completion.
Saving Your Home: Mortgage Arrears in Chapter 13 Bankruptcy in Florida
Stopping foreclosure is the single most common reason Florida residents file Chapter 13. The moment you file, the automatic stay immediately halts all foreclosure proceedings — including a foreclosure sale scheduled the next day. Your Chapter 13 plan then spreads your missed mortgage payments (arrears) across the full plan term.
Example: You are $15,000 behind on your mortgage. Your Chapter 13 plan spreads that $15,000 cure amount over 60 months — $250 per month added to your regular ongoing mortgage payment. As long as you make both payments throughout the plan, your lender cannot foreclose.
Florida’s unlimited homestead exemption protects the full equity in your primary residence from unsecured creditors. In a Chapter 13 case, this means creditors cannot claim any of your home’s value — only your plan payment obligations remain. This combination of the automatic stay, arrears cure, and homestead exemption makes Chapter 13 exceptionally powerful for Florida homeowners.
Important note for South Florida filers: The Southern District of Florida has specific local rules and procedures for mortgage payments in Chapter 13 plans. Confirm with your attorney whether mortgage payments flow through the trustee or are paid directly to your lender in your division.
Vehicle Cram-Down: Reducing Your Car Loan in Chapter 13 Bankruptcy in Florida
If you owe more on your vehicle than it is worth and you financed it more than 910 days before filing (approximately 2.5 years), Chapter 13 lets you cram down the loan balance to the car’s current market value. The amount above the car’s value becomes unsecured debt, which may be discharged at plan completion.
Example: You owe $19,000 on a car worth $11,000, financed three years ago. A cram-down reduces your secured balance to $11,000. The $8,000 difference is reclassified as unsecured debt. You pay interest on the $11,000 secured balance — typically at the federal prime rate plus 1–3%, following the Till v. SCS Credit Corp. (2004) Supreme Court standard. Confirm your district’s local practice with your attorney.
If you purchased the vehicle within 910 days of filing, the full loan balance is treated as secured and the cram-down is not available for that vehicle.
How to File Chapter 13 Bankruptcy in Florida: Step by Step
- Confirm eligibility: Verify your debts fall within the limits ($1,580,125 secured / $526,700 unsecured) and that you have regular income to fund a plan.
- Complete credit counseling: Take an approved credit counseling course within 180 days before filing. Courses are available online for $15–$50.
- Hire a bankruptcy attorney: Chapter 13 cases are highly procedural. Florida bankruptcy courts strongly advise against filing without legal representation. Most Florida bankruptcy attorneys offer free consultations.
- Gather financial documents: Collect six months of pay stubs, two years of tax returns, recent bank statements, a full list of all debts, and documentation of all assets and property.
- Prepare and file the petition: Your attorney files the bankruptcy petition, all required schedules, Statement of Financial Affairs, and a proposed Chapter 13 plan with your Florida district court.
- Automatic stay takes effect: The moment you file, the automatic stay stops all collection calls, lawsuits, wage garnishments, foreclosure proceedings, and repossession actions.
- Attend the 341 Meeting of Creditors: Held approximately 21–40 days after filing. You answer questions from the Chapter 13 trustee under oath. Most creditors do not appear. Many Florida 341 meetings are now conducted by phone or video.
- Plan confirmation hearing: The court reviews whether your plan meets all legal requirements. Most Florida cases are confirmed 45–90 days after filing.
- Make plan payments: Once confirmed, you make regular monthly payments to your Chapter 13 trustee for the full three-to-five-year plan term.
- Complete debtor education: Before discharge, you must complete an approved financial management course (cost: $15–$50).
- Receive discharge: After completing all plan payments, the court issues a discharge of remaining eligible unsecured debts.
How Much Does Chapter 13 Bankruptcy Cost in Florida?
Chapter 13 costs include the court filing fee, attorney fees, and a trustee administrative fee built into your monthly plan payment. Here is a full breakdown:
| Cost Item | Amount | Notes |
|---|---|---|
| Court filing fee | $313 | Same in all Florida districts; installment payment available |
| Credit counseling course | $15–$50 | Required before filing; online providers available |
| Debtor education course | $15–$50 | Required before discharge |
| Attorney fee — Middle District | Up to $4,500 (no-look base) | Court-approved presumptive fee; most paid through plan |
| Attorney fee — Southern/Northern Districts | $3,500–$4,000 (typical range) | Varies by district and case complexity |
| Trustee administrative fee | ~7–10% of plan payments | Built into monthly plan payment; varies by trustee |
A key advantage of Chapter 13 is that most attorney fees are paid through your plan. You typically pay only a small retainer up front — often $500 or less — and the rest is spread across your monthly payments. You do not need to save thousands before you can file.
What Debts Does Chapter 13 Bankruptcy in Florida Address?
Chapter 13 treats debts in three categories:
Priority Debts — Paid in Full
Priority debts must be paid 100% through your plan. These include recent federal and state income taxes (generally the past three years), domestic support obligations (child support and alimony arrears), and wages owed to employees if you operate a business. Priority debts cannot be discharged — they must be fully paid before the plan completes.
Secured Debts — Paid to Value of Collateral
Secured debts — including mortgage arrears, car loans, and any debt backed by collateral — are addressed through the plan. Mortgage arrears are cured over the plan term while you continue regular mortgage payments. Eligible vehicle loans may be crammed down to current market value. At plan completion, ongoing obligations like your regular mortgage payment continue as normal.
Unsecured Debts — Partially or Fully Discharged
General unsecured debts — credit cards, medical bills, personal loans, and most other unsecured obligations — receive whatever your plan pays them (which may be pennies on the dollar) and the rest is discharged at plan completion. Student loans are generally not dischargeable without a separate adversary proceeding proving undue hardship.
Florida Bankruptcy Courts: Where to File Chapter 13 Bankruptcy in Florida
Florida has three federal bankruptcy districts. Your county of residence determines which district handles your case.
| District | Divisions / Locations | Key Counties Served |
|---|---|---|
| Northern District of Florida | Pensacola, Tallahassee, Gainesville, Panama City | Escambia, Leon, Alachua, Bay, and surrounding Panhandle counties |
| Middle District of Florida | Jacksonville (300 N. Hogan St.), Orlando, Tampa (801 N. Florida Ave.), Fort Myers | Duval, Orange, Seminole, Hillsborough, Pinellas, Polk, Collier, Lee, and surrounding counties |
| Southern District of Florida | Miami (301 N. Miami Ave.), Fort Lauderdale (299 E. Broward Blvd.), West Palm Beach (1515 N. Flagler Dr.) | Miami-Dade, Broward, Palm Beach, Monroe, Martin, St. Lucie, and surrounding counties |
Use the U.S. Courts court locator to confirm which district and division covers your county. Each Florida district publishes its own local rules, required plan forms, and trustee procedures — your attorney should be familiar with the specific requirements of your district.
Alternatives to Chapter 13 Bankruptcy in Florida
- Chapter 7 bankruptcy in Florida — If you qualify under the means test and do not have significant assets to protect, Chapter 7 is faster and simpler. Most cases complete in 4–6 months with no repayment plan required.
- Bankruptcy cost in Miami — See average attorney fees and court information for Chapter 7 and Chapter 13 in the Miami metro area.
- Bankruptcy cost in Orlando — See average attorney fees and court information for Chapter 7 and Chapter 13 in the Orlando metro area.
Frequently Asked Questions About Chapter 13 Bankruptcy in Florida
How long does chapter 13 bankruptcy take in Florida?
A Chapter 13 case in Florida takes three to five years from filing to discharge. If your household income is below the Florida median for your household size, a three-year plan may be approved. If your income is above the median, a five-year plan is required. From the date you file to your first plan payment, expect approximately 45–90 days for the confirmation hearing.
Can I keep my house if I file chapter 13 in Florida?
Yes — stopping foreclosure and keeping your home is one of the primary reasons Florida residents file Chapter 13. The automatic stay halts all foreclosure proceedings the moment you file. Your plan then spreads your missed mortgage payments over the plan term while you continue making your regular mortgage payment going forward. Florida’s unlimited homestead exemption also protects the full equity in your primary residence from unsecured creditors. As long as you comply with your plan, your lender cannot foreclose.
What is the income limit for chapter 13 bankruptcy in Florida?
There is no income limit for Chapter 13 in Florida — it is available regardless of earnings. Your income relative to the Florida median determines plan length only. If you earn above the median ($68,085 for a single person, $108,351 for a household of four, effective November 1, 2025), a five-year plan is required. Below the median, a three-year plan may be approved.
How much does chapter 13 bankruptcy cost in Florida?
The court filing fee for Chapter 13 in Florida is $313. Attorney fees vary by district: the Middle District sets a presumptive no-look fee up to $4,500; the Southern and Northern Districts typically range from $3,500 to $4,000. Most attorney fees are paid through your monthly plan payment — you generally pay only a small retainer up front. A trustee administrative fee of approximately 7–10% is also built into your plan payments.
Can I reduce my car loan through chapter 13 in Florida?
Yes, if you financed your vehicle more than 910 days (approximately 2.5 years) before your filing date and you owe more than the car is currently worth. A cram-down reduces your secured loan balance to the vehicle’s current market value. The remaining balance is reclassified as unsecured debt, which may be discharged at plan completion. You pay interest on the reduced secured balance at approximately the federal prime rate plus 1–3%.
What happens if I miss a chapter 13 plan payment in Florida?
Missing plan payments is the most common reason Chapter 13 cases are dismissed in Florida. If you miss a payment, the Chapter 13 trustee may file a motion to dismiss. If dismissed, the automatic stay lifts and creditors — including your mortgage lender — can resume collection activity and foreclosure. Contact your attorney immediately if you miss or anticipate missing a payment. A plan modification may be available to reduce your monthly payment if your income has permanently changed.
Which Florida district should I file in?
Your filing district is determined by the county where you live — you do not choose your district. The Middle District covers most of Central Florida including Orlando, Tampa, and Jacksonville. The Southern District covers Miami-Dade, Broward, and Palm Beach. The Northern District covers the Panhandle. Each district has its own standing Chapter 13 trustee and local plan requirements, so your attorney must be admitted to practice in your district.
Will chapter 13 bankruptcy stop wage garnishment in Florida?
Yes. The automatic stay stops most wage garnishments the moment you file Chapter 13. Your employer must cease any garnishment once notified of the bankruptcy filing. The exception is domestic support obligations — child support and alimony garnishments are not stopped by the automatic stay and must continue.