Filing for bankruptcy in Central Florida—whether you’re in Orlando, Winter Park, Kissimmee, or anywhere within the Middle District—can feel like stepping into the unknown. It’s not exactly something people dream about, and if you’re in this situation, you’re probably dealing with a lot already. Maybe the credit card bills have stacked up, maybe your mortgage is weighing on you like a ton of bricks, or maybe you’ve been dodging calls from collectors who seem to have a sixth sense about when you’re about to sit down for dinner. It’s tough. And now, you’re here, trying to figure out if bankruptcy is even an option for you.
First off, take a breath. You’re not alone in this. Thousands of Floridians file for bankruptcy every year, and most of them find a way forward. The bankruptcy filing system is designed to give honest, hardworking people a second chance—not to punish them. Even if one type of bankruptcy isn’t available to you, chances are good that another route is still open. And with careful planning and professional legal guidance, you can come out on the other side in a much stronger financial position.
Let’s walk through this step by step—no dense legal jargon, no unnecessary doom-and-gloom. Just the essential facts, along with some local insights to help you understand the bankruptcy process here in Central Florida.
Disclaimer: The information provided in this article is for informational purposes only and should not be considered legal advice. Bankruptcy laws are complex and vary based on individual circumstances, and while we strive to provide accurate and up-to-date information, this article does not create an attorney-client relationship and should not be relied upon as a substitute for professional legal counsel. If you are considering bankruptcy or have questions about your specific situation, it is strongly recommended that you consult with a qualified attorney licensed in your jurisdiction. Laws and regulations may change, and court interpretations can vary, including within Florida’s Middle District Bankruptcy Court and other local jurisdictions. Any actions you take based on the information in this article are at your own risk. Only a legal professional can assess your unique circumstances and provide advice for your specific situation.
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ToggleWhat Can Disqualify You From Filing Bankruptcy in Florida?
Failing the Means Test
Chapter 7 bankruptcy is a very common option for wiping out unsecured debts, but it has a key requirement: the income and means test. This test compares your income to Florida’s median income for a household of your size. If you earn more than the limit and don’t have enough expenses to lower your disposable income, you may not qualify for Chapter 7.
The median income for a Florida household changes periodically, so it’s important to check the latest figures. If you’re a single filer in Orlando, for instance, your income is weighed against the state average for an individual. If you have a family in Kissimmee, the calculation is based on household size.
Keep in mind, it’s not just looking at your gross income—the means test factors in expenses like rent, medical costs, child support, and even necessary transportation costs (yes, that includes gas for your daily I-4 battles).
Still, if you exceed the income limit, don’t panic. This doesn’t necessarily mean you’re out of luck. Many Floridians who don’t qualify for Chapter 7 can still file for Chapter 13, which allows you to reorganize your debts into a structured repayment plan. It’s a bit like consolidating your debt under court protection—no more harassing phone calls from creditors, no more worrying about lawsuits or wage garnishment.
If you’re on the edge of qualifying, it’s a good idea to talk to a bankruptcy lawyer. An attorney experienced in bankruptcy cases can go through your specific financial situation, calculate your disposable income properly, and even determine if certain expenses can legally be deducted to help you qualify.
Every case is unique, and if you have a qualified attorney helping you with your filing strategy, you might still have a path forward under Chapter 7, or a solid alternative with Chapter 13.
Too Soon Since Your Last Bankruptcy
Filing for bankruptcy in Florida more than once is absolutely possible. That’s because the system isn’t designed to punish people for falling on hard times—it’s there to help you get back on your feet when life knocks you down. And life doesn’t always throw one curveball and call it a day.
Plenty of good, hardworking people have needed to file more than once—bankruptcy is a tool, not a one-time-only event. In fact, repeat bankruptcy filings are more common than people think. If the first one didn’t fully solve your financial troubles or you hit another rough patch, the law doesn’t shut the door on you. Sometimes, even after a bankruptcy, another financial hardship comes along. Maybe it’s medical bills, job loss, a divorce, or just the cost of living creeping up on you faster than you can keep up.
Whatever the reason, know that if you need to file again, you probably can—you just have to follow the rules.
That said, bankruptcies aren’t something you can file repeatedly without restrictions. The waiting periods depend on which type you filed last:
- If you got a Chapter 7 discharge, you must wait 8 years before filing Chapter 7 again and 4 years before filing Chapter 13.
- If you received a Chapter 13 discharge, you must wait 2 years before filing Chapter 13 again and 6 years before filing Chapter 7 (though exceptions exist if you repaid most of your debts).
If you’re unsure of your eligibility based on past filings, a Florida bankruptcy attorney can review your situation.
In certain situations, it may be possible to file for bankruptcy again before your discharge waiting period is up. While a second filing won’t immediately erase debts, it could provide legal protections such as stopping creditor harassment, preventing foreclosure, or restructuring certain obligations. However, not every case qualifies, and courts may limit protections if there have been multiple filings in a short period.
If you’re considering filing again, it’s important to speak with a qualified bankruptcy attorney to evaluate your options and ensure you’re making the best legal and financial decision.
Not Completing Mandatory Credit Counseling
Before filing, you must complete a credit counseling course from a provider approved by the U.S. Trustee’s Office. This has to be done within 180 days before your case is filed. Skip this step, and your case won’t go through.
Luckily, there are plenty of Florida-approved providers offering these courses online or over the phone, making it an easy requirement to fulfill.
Let me reassure you: this is one of the easiest steps in the entire bankruptcy process. It’s not a test, it’s not a financial interrogation, and it doesn’t require you to prove anything. You don’t need to justify your situation, or convince someone that you deserve bankruptcy protection. It’s an educational checkpoint—a way to make sure you understand what bankruptcy will do, what alternatives exist, and how to move forward with a fresh financial start.
The credit counseling course is designed to walk you through the basics of personal finance and debt management. You’ll learn about budgeting, financial planning, and ways to manage debt—things that can help you regain control of your finances even after bankruptcy. It’s not there to shame you or tell you that you should’ve done things differently. No one’s going to lecture you about that vacation you put on your credit card three years ago.
Note: You have to complete credit counseling within 180 days before filing your bankruptcy case. If you take it too early, it won’t count, and if you forget to take it before filing, your case will be rejected. But don’t worry—your bankruptcy attorney (if you have one) will usually remind you to complete it.
What Happens If You Skip It?
Let’s say you’re all set to file, your paperwork is in order, and then—bam!—you realize you forgot to take the credit counseling course. Unfortunately, your case will be dismissed. The court simply won’t process your bankruptcy unless you’ve completed this step. It doesn’t matter if you meet every other requirement—this is non-negotiable.
If you do forget and your case gets dismissed because of it, you can refile after completing the course. It’s a frustrating delay, but it’s fixable. However, it’s always better to do things right the first time so you don’t lose time or risk complications with your case.
What if You’re in a Financial Crisis
If you’re in a serious emergency—say you’re facing an imminent foreclosure, eviction, or wage garnishment—and you don’t have time to complete the course before filing, you may be able to request an exemption. The court will sometimes allow you to file first and take the course shortly after, but this is only granted in extreme situations. It’s not something to rely on, so it’s always best to get the course done in advance.
Fraud or Dishonesty in Your Financial Disclosures
The bankruptcy process operates on honesty, and the courts take this seriously. If you conceal assets, transfer property to a friend or relative to keep it out of the proceedings, destroy financial records, or provide false information, the court may dismiss your case or even refer you for criminal investigation. Bankruptcy fraud isn’t just a red flag—it’s a very serious matter that can come with fines, penalties, or even jail time. (And let’s just say, the courts of Florida’s Middle District have seen just about everything.) So while someone filing for bankruptcy in Orlando might think that boat they “gifted” to their cousin in Tampa won’t raise any eyebrows, history suggests otherwise.
The reality is, most people who file for bankruptcy aren’t trying to game the system. But mistakes happen—maybe you didn’t list a small retirement account, forgot about an old car title, or didn’t realize that transferring money between accounts before filing could look suspicious. That’s why having a knowledgeable bankruptcy attorney by your side is key. They’ll help ensure you’re following the rules so you don’t unintentionally run into trouble.
The best approach is full transparency—lay everything on the table. The court isn’t out to punish people who are upfront about their situation. The worst thing you can do is try to hide something and hope nobody notices. Chances are, they will. And if they do, it could jeopardize your entire case.
Recent Large Credit Card Charges or Cash Advances
If you’re thinking about filing for bankruptcy, now’s not the time to splurge on a luxury vacation, buy high-end electronics, or rack up big purchases on your credit cards. Courts scrutinize recent financial activity, and certain spending habits can raise red flags that could complicate your case. If it looks like you went on a spending spree knowing you were about to file, the court may decide that those debts shouldn’t be wiped out—and in some cases, they might even accuse you of fraud.
So, what exactly counts as a risky financial move? Here are some things to avoid before filing:
- Luxury purchases over $725 made within 90 days of filing – This doesn’t mean you can’t buy groceries or pay your utility bills, but if you suddenly put a high-end watch, designer handbag, or a brand-new flat-screen TV on your credit card just before filing, it could be a problem. The court assumes these types of purchases weren’t made in good faith and may refuse to discharge that debt.
- Cash advances over $1,000 within 70 days of filing – Pulling out large amounts of cash right before bankruptcy can look suspicious, even if you had a legitimate reason for it. Courts may wrongly assume you took the advance with no intention of paying it back, which can result in that debt being excluded from your discharge.
Beyond these specific thresholds, a general rule of thumb is to avoid making any unusual financial moves in the months leading up to your bankruptcy filing.
If your bank statements show a sudden spike in spending, especially on non-essential items, you might have to explain those purchases in court. Even if the charges don’t technically fall within the “luxury” or “cash advance” categories, a pattern of increased spending before filing could lead to additional scrutiny.
If you’ve made large recent purchases or taken out cash advances, talk to a bankruptcy lawyer before filing. There may be ways to address these issues, such as waiting a bit longer to file or demonstrating that your spending was necessary. The last thing you want is for part of your debt to be deemed non-dischargeable, leaving you stuck with bills you thought bankruptcy would clear.
When in doubt, keep spending as normal and essential as possible in the months before filing. Stick to necessities like rent, utilities, food, and gas. Avoid unnecessary splurges, and if you’re unsure whether something could create a problem, ask your bankruptcy attorney.
Earning Too Much for Chapter 13
Chapter 13 is designed for individuals with a steady income who can afford a repayment plan. However, there’s an upper limit to how much debt you can have:
- Unsecured debt (like credit cards and medical bills): Must be under $465,275
- Secured debt (like mortgages and car loans): Must be under $1,395,875
If your debts exceed these limits, Chapter 11 (a more complex and expensive process) may be the only option.
For more information about the differences between Chapter 7 and Chapter 13 bankruptcies, see: Filing Chapter 7 vs Chapter 13 Bankruptcy in Florida
Other Potential Roadblocks
While these are the most common disqualifiers, other issues can arise, such as:
- Having a previous bankruptcy dismissed within the past 180 days due to rule violations or failing to show up in court
- Not meeting Florida’s residency requirements—if you haven’t lived in the state long enough, you may need to file elsewhere
The Bottom Line: There’s Usually a Solution
Even if you run into one of these disqualifiers, bankruptcy isn’t necessarily off the table. Many people who don’t qualify for Chapter 7 can still file Chapter 13, and those who can’t file Chapter 13 might have other debt-relief options available.
The key is to talk to a knowledgeable Central Florida bankruptcy attorney who understands how the local courts operate. If you’re in Orlando, Winter Park, or anywhere in the Middle District of Florida, a legal professional can help you navigate the process, find alternatives, and set you on the path to financial relief.
If you’re feeling overwhelmed, take a deep breath—you have options, and you don’t have to figure this out alone.
The Independence Law Firm (Orlando/Winter Park, FL)
At The Independence Law Firm, we understand that no two bankruptcy cases are alike. Financial struggles can come from any number of circumstances—unexpected medical bills, job loss, mounting credit card debt, or even just the rising cost of living. Whatever brings you to this point, know that you are not alone, and there is a path forward.
Whether you need the fresh start that Chapter 7 provides or the structured repayment plan of Chapter 13, our team is here to guide you every step of the way. We take the time to understand your unique situation, crafting personalized solutions that fit your needs—not just now, but for your long-term financial stability. From your first consultation to the final resolution of your case, you can expect clear communication, strategic planning, and the confidence of knowing that your future is in the hands of a law firm that cares about you.
Our office is conveniently located at 707 Nicolet Ave, Winter Park, FL 32789, but we can assist clients throughout the entire state of Florida. No matter where you are, we are committed to making the bankruptcy process as smooth and stress-free for you as possible.
If you’re feeling overwhelmed by debt and unsure of what to do next, we’re here to help. Reach out today to schedule a consultation and take the first step toward financial relief with a firm that puts your needs first.
Call (813) 642-4905 or click here to schedule an in-person or Zoom meeting.
Disclaimer: The information presented in this article and across this website is presented for general educational purposes only. Although this article discusses legal issues, it is not legal advice. Please be aware that laws and the content of any linked websites or pages might have evolved since the publication of this article, and as such, we cannot guarantee the ongoing accuracy of any presented information. Utilizing this article does not establish an attorney-client relationship.