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Bankruptcy Exemptions

Author johnbsims3
Admin 

#1 - Posted: 22 Oct 2006 06:12 
Florida Bankruptcy Exemptions
This list of exemptions updated April 2005. All law references are to Florida Statutes unless otherwise noted. Federal bankruptcy exemptions are not available in Florida.
Homestead
222.05 - Real or personal property, including mobile or modular home and condominium, to unlimited value. Property cannot exceed: 1/2 acre in a municipality, or 160 acres elsewhere. Spouse or child of deceased owner may claim exemption. (Also refer to Florida Constitution, as "Fla. Const. 10-4."). Also, tenancies by the entireties in real property are exempt as to debts of one spouse [In re Avins, 19 B.R. 736 (S.D.FIa: 1982)].
Personal Property
220.20 - All personal property owed in tenancy by the entirety, as to the debts of one spouse.
222.25 - Motor vehicle up to $1,000; prescribed health aids.
Other - Any personal property up to $1,000 total. Subject to doubling. Some states allow couples that file together to claim separate exemptions. For example, if a state allows a personal property exemption of $1,000 and the exemption is approved for doubling, the husband and wife can each take a $1,000 personal property exemption.
Wages
222.11 - For head of family, earnings up to $500 a week; also amounts greater than $500 unless debtor has agreed other wise in writing. For head of family or others, exempt in any event up to amount allowed under the Consumer Credit Protection Act, 15 USC 1673. Applies to earned but unpaid wages, or wages paid and in a bank account.
Pensions
112.215 - Government employees' deferred compensation plans.
121.31 - State and county officers and employees, and teachers, beginning service on or after 12/1/70; and highway patrol officers.
122.15 - County officers and employees beginning service before 12/1/70, unless they elected to transfer to retirement system under Chapter 121.
175.241 - Firefighters.
185.25 - Police officers.
222.21 - Federal government employees' pension payments needed for support and received 3 months before filing bankruptcy. Also, retirement plans under various sections of the Internal Revenue Code, including pension, profit sharing, and stock bonus plans under 401(a); annuity plans [403(a)]; educational annuities [403(b)]; IRAs [408 & 408A]; and employee stock ownership plans [409]. Also ERISA-qualified benefits.
238.15 - Teachers beginning service before 12/1/70, unless they elected to transfer to retirement system under Chapter 121.
Public Benefits
222.201 - Public assistance and social security.
222.201 & 443.051 - Unemployment compensation.
222.201 & 744.626 - Veterans' benefits.
440.22 - Workers' compensation.
769.05 - Proceeds for job-related injuries under Chapter 769 relating to hazardous occupations.
960.14 - Crime victims' compensation unless seeking to discharge debt for treatment of crime related injury.
Alimony and Child Support
222.201 - Alimony and child support needed for support.
Insurance
222.13 - Death benefits payable to a specific beneficiary.
222.14 - Annuity contract proceeds and life insurance cash surrender value.
222.18 - Disability or illness benefits.
632.619 - Fraternal benefit society benefits.
Misc.
222.22 - Funds paid to the Prepaid College Trust Fund or in a Medical Savings Account.
497.413 - Funds the debtor may be entitled to from the Florida Department of Banking and Finance Pre-need Funeral Contract Consumer Protection Trust Fund.
620.8501 - Business partnership property.
Other applicable Federal Non-bankruptcy Exemptions / Federal Non-Exempt Bankruptcy Exemptions. You may only use these exemptions if you choose the exemptions listed under your state.
Retirement Benefits
50 USC. 403 - CIA employees
5 USC. 8346 - Civil Service employees
22 USC. 4060 - Foreign service employees
10 USC. 1440 - Military service employees
45 USC..231m - Railroad workers
42 USC. 407 - Social Security benefits
38 USC.3101 - Veteran's benefits
Survivor's Benefits
10 USC. 1450 - Military service.
28 USC. 376 - Judges, U.S. court directors
33 USC. 775 - Lighthouse workers
Death and Disability Benefits
5 USC. 8130 - U.S. Government employees
33 USC. 916 - Longshoremen, harbor workers
42 USC. 1717 - Military service
Misc.
10 USC. 1035 - Military deposits to savings accounts (while on permanent duty outside the U.S.)
15 USC. 1673 - 75% of earned but unpaid wages (Judge may approve more).
25 USC. 543 & 545 - Klamath Indians tribe benefits
38 USC. 770(g) - Military group life insurance
45 USC. 352(e) - Railroad workers' unemployment
46 USC. 11110 - Seamen's clothing
46 USC. 11111 - Seamen's wages (while on a voyage and pursuant to a written contract)

Bankruptcy Florida Homestead Services -- Florida Homestead Exemption Act MiniBB / Bankruptcy /
Bankruptcy Exemptions
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