Residency Requirements for Filing Bankruptcy

Filing.  In order to file for bankruptcy in Florida, you will need to have resided in Florida for at least 91 days.  If you have not, you must file in the state where you previously resided or wait until 91 days have passed.

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Application of Rules.  There are Federal rules that apply to bankruptcy and state specific laws.  When you file bankruptcy in Florida, you are required to apply Florida specific laws.​  To apply Florida specific laws and exemptions when filing bankruptcy, you will need to have resided in Florida for at least 2 years and 6 months (910 days). 

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Application of Homestead Exemption.  To apply the very advantageous Florida Homestead exemption requires that you have lived in the home for at least 1,215 days (3-1/2 years).  If you have only lived in the home for 730 days or more, you will apply the Federal exemption which is $31,575.00 until March 31, 2028 or the exemption of the state of your prior exemption, which exemption by the prior state's rules.  The exemption need only apply to the amount of equity you have in your home.