Florida Bankruptcy Forms - FL Bankruptcy Exemptions and Court Information

FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE All law references are to Florida Bankruptcy Code unless noted.
ASSET	EXEMPTION	LAW PROVISION
HOMESTEAD	Real or personal property including mobile or modular home to unlimited value; property cannot exceed ½ acre in municipality or 160 contiguous acres elsewhere; spouse or child or deceased owner may claim homestead exemption May file homestead declaration Property held as tenancy by the entirety may be exempt against debts owed by only one spouse	222.01, 222.02, 222.03, 222.05, Constitution 10-4 222.01 In re Avins, 19 B.R. 736 (S.D. Fla. 1982)
INSURANCE	Annuity contract proceeds; does not include lottery winnings Death benefits payable to a specific beneficiary, not the deceased’s estate Disability or illness benefits Fraternal benefit society benefits, if received before 10/1/96 Life insurance cash surrender value	222.14; In re Pizzi, 153 B.R. 357 (S.D. Fla. 1982) 222.13 222.18 632.619 222.14
MISCELLANEOUS	Alimony, child support needed for support Damages to employees for injuries in hazardous occupations Pre-need funeral contract deposits Property of business partnership	222.201 769.05 497.413(8) 620.68
PENSIONS see also wages	County officers, employees ERISA-qualified benefits Firefighters Highway patrol officers Police officers State officers, employees Teachers	122.15 222.21(2) 175.241 321.22 185.25 121.131 238.15
PERSONAL PROPERTY	Any personal property to $1,000 (Husband & wife may double) Health aids Motor vehicle to $1000	Constitution 10-4; In re Hawkins, 51 B.R. 348 (S.D. Fla. 1985) 222.25 222.25
PUBLIC BENEFITS	Crime victims’ compensation unless seeking to discharge debt for treat of injury incurred during the crime Hazardous occupation injury recoveries Public assistance Social security Unemployment compensation Veterans’ benefits Workers’ compensation	960.14 769.05 222.201 222.201 222.201, 443.051(2), (3) 222.201, 744.626 440.22
TOOLS OF TRADE	NONE
WAGES	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. Federal government employees pension payments needed for support and received 3 months prior	222.11 222.21
WILD CARD	$4,000 of any personal property in lieu of homestead exemption

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