The Court That Covers Fort Lauderdale

Bankruptcy cases filed in Broward County are handled by the United States Bankruptcy Court for the Southern District of Florida. This district is divided into three divisions: Miami, Fort Lauderdale, and West Palm Beach. Cases tied to Broward County are assigned to the Fort Lauderdale Division.

The courthouse sits in downtown Fort Lauderdale. However, many hearings, including the standard meeting of creditors, now happen by phone or video. For most filers, that means fewer trips across town and less time away from work.

Which Chapter Fits Your Situation?

Before diving into the court process, it helps to understand the main filing options available to individuals and small businesses.

Chapter 7 is often called liquidation bankruptcy. A trustee reviews your assets and, if there are any non-exempt assets, may sell them to pay creditors. Many filers keep everything they own because Florida's exemption laws protect a wide range of property. To qualify, your household income generally must pass a means test comparing your income to the Florida median income for a household your size.

Chapter 13 works differently. Instead of liquidating assets, filers propose a repayment plan lasting three to five years. This path can help people catch up on mortgage arrears or keep property they might otherwise lose. You can read a side-by-side breakdown of timelines in our post on the Chapter 7 vs. Chapter 13 timeline comparison.

Subchapter V of Chapter 11 is a streamlined reorganization path designed for small businesses. It moves faster and costs less than a traditional Chapter 11, while still allowing the business to restructure debts and keep operating.

Before You File: Two Required Steps

The Bankruptcy Code requires two educational steps for every individual filer.

  1. Credit counseling from an agency approved by the U.S. Trustee Program. This must happen before your petition is filed.
  2. Debtor education (also called a financial management course) from an approved provider. This must be completed before your discharge is entered.

Both courses are widely available online and usually take one to two hours each. Skipping either one can delay or prevent your discharge.

Filing the Petition and the Automatic Stay

When your petition, schedules, and required documents are filed with the court, your case officially begins. Filing also triggers the automatic stay under 11 U.S.C. § 362. The automatic stay generally pauses most collection actions while your case is open. That includes collection calls, wage garnishments, civil lawsuits, and foreclosure proceedings.

It is important to know that the automatic stay has limits. Filers who have had prior cases dismissed within the past year may receive a shorter stay or no stay at all. Certain types of cases, like criminal matters and domestic support proceedings, are not paused by the stay. Our post on the automatic stay explained covers those rules in plain detail.

What Happens After Filing

Once your case is filed, the court assigns a trustee and schedules a 341 meeting of creditors, typically about a month later. Despite the name, creditors rarely appear at these meetings. The trustee does.

In the Southern District of Florida, including the Fort Lauderdale Division, the 341 meeting is routinely held by video or phone. You will need a government-issued photo ID and proof of your Social Security number. The trustee will ask you questions under oath about your finances, your assets, and the information in your petition. Most meetings last only a few minutes when documents are in order.

You can find a thorough walkthrough of what to say and bring in our post on the 341 meeting of creditors in Florida.

Florida Exemptions: What the Law Protects

Florida uses its own state exemption system. Understanding these protections is one of the most important parts of planning a bankruptcy case.

Here is a summary of commonly used Florida exemptions:

  • Homestead exemption: Florida's homestead protection is among the strongest in the country. It covers your primary residence with no cap on value, subject to acreage limits. Inside a municipality, the limit is half an acre. Outside a municipality, it is 160 acres. If you purchased your home within a certain period before filing, a federal cap may limit the protected equity. Florida's exemption rules on this point are specific and worth reviewing carefully with an attorney.
  • Motor vehicle: Up to $1,000 of equity in one vehicle is protected.
  • Personal property: Up to $1,000 in personal property is exempt. If you do not claim a homestead exemption, you may be able to apply a larger "wildcard" amount to other property.
  • Head-of-family wages: If you provide more than half of the support for a dependent, your wages may be fully protected from garnishment under Florida law.
  • Retirement accounts: Funds held in qualified accounts such as 401(k)s and IRAs are generally protected in bankruptcy under both federal and Florida law.

These exemptions do not apply automatically in every situation. The way assets are titled, how long you have lived in Florida, and other factors can affect what is protected. Past results do not predict future outcomes.

Debts That Generally Survive Discharge

Bankruptcy discharge wipes out many types of debt, but not all. The Bankruptcy Code lists categories of debt that are generally not dischargeable. Common examples include:

  • Most student loans (unless an undue hardship is proven, which is a difficult legal standard)
  • Recent income tax debts and certain other taxes
  • Domestic support obligations such as child support and alimony
  • Court fines and criminal restitution
  • Debts from fraud or intentional wrongdoing

Understanding which debts will remain after a case closes is an important part of deciding whether and how to file.

Fees and Costs

Filing a bankruptcy case involves court filing fees set by Congress. Fee amounts vary by chapter. In cases of genuine financial hardship, the court may allow installment payments or, in Chapter 7, a full fee waiver based on income. Attorney fees, court costs and filing fees are explained in writing before any case begins.

For more detail on what filing costs look like, see our post on bankruptcy filing fees and waivers.

The Local Process in Plain Terms

Filing bankruptcy in Fort Lauderdale follows the same federal rules that apply everywhere in the country. What makes the Fort Lauderdale Division feel local is the assigned judges, the trustee panel, and the procedures that have developed in the Southern District over time. Cases move on a schedule set by the court, and most routine matters are handled without anyone needing to appear in person.

For Broward County residents, the process is generally straightforward when paperwork is complete and accurate. Errors or missing documents can cause delays or trigger trustee questions, so preparation matters.

Bankruptcy is a legal process, not a punishment. Congress created it to give people a path forward when debt becomes unmanageable. The Fort Lauderdale court handles these cases every day.

Wondering if a fresh start fits your situation?

Attorney fees, court costs and filing fees are explained in writing before any case begins. Take the free 2-minute case review or call Recalde Law Firm at (305) 792-9100.