To use Florida’s bankruptcy exemptions—which include some of the most debtor-friendly protections in the country—you must have lived in Florida continuously for at least 730 days (2 full years) immediately before filing your bankruptcy petition.
This rule is established under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and is designed to prevent people from moving to states with favorable exemption laws just before filing bankruptcy (often referred to as “forum shopping”).
📜 The 730-Day Residency Rule Explained
Under 11 U.S.C. § 522(b)(3)(A), a debtor may only use the exemptions of a state if they have been domiciled (i.e., had their permanent home) in that state for at least 730 days before filing for bankruptcy.
If you haven’t met this 730-day requirement, the court applies a look-back rule:
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It looks to where you lived for the majority of the 180 days (6 months) prior to the 2-year period before filing.
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You must then use the exemption laws of that earlier state, even if you no longer live there.
This rule applies regardless of whether you are filing under Chapter 7 or Chapter 13.
🏡 Why Florida’s Exemptions Are Important
Florida’s bankruptcy exemptions are especially powerful, and many debtors filing in the Southern District of Florida do so in part to protect their assets under state law. Some highlights include:
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Homestead Exemption: Unlimited dollar amount for equity in your primary residence, provided the property is located on no more than half an acre in a municipality (or up to 160 acres outside a city). To qualify, you also must have owned the home for at least 1,215 days (about 3.3 years) to get the full exemption.
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Wages: Wages of the head of household are 100% exempt in most cases.
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Retirement Accounts: 100% exempt for most qualified plans and IRAs.
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Personal Property: Up to $1,000 in personal property (or up to $4,000 if you do not use the homestead exemption).
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Vehicles: Up to $1,000 in vehicle equity is exempt.
📝 Example Scenario
Suppose you moved from Georgia to Florida 20 months ago and plan to file Chapter 13 next month. Although you’ve lived in Florida for over a year and a half, you still haven’t met the 730-day threshold. As a result:
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You cannot use Florida’s exemptions.
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Instead, you must use the Georgia exemptions—even though you no longer live there.
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If Georgia doesn’t allow non-residents to use its exemptions (some states restrict this), you may be limited to using federal bankruptcy exemptions instead.
This can significantly affect how much of your property you’re able to protect.
⚠️ Strategic Implication
Failing to meet the 730-day rule can expose more of your assets to creditors, especially if:
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You moved from a state with limited exemptions,
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You have significant home equity,
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You have non-exempt assets like cash, collectibles, or high-value vehicles.
In some cases, it may be worth delaying your bankruptcy filing until you reach the 730-day threshold to benefit from Florida’s broader protections.
✅ Summary
| Time Lived in Florida Before Filing | Exemptions You Can Use |
|---|---|
| 730+ days (2 years) | Florida’s state exemptions |
| Less than 730 days | Prior state’s exemptions (if allowed), or federal exemptions |
If you’re unsure how this rule affects you, or if you’re approaching the 2-year mark and want to protect assets like your home, you should consult with a qualified bankruptcy attorney in South Florida. Timing your filing correctly can have a major impact on your financial outcome.
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