FL Bankruptcy Exemptions
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FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE All law references are to Florida Bankruptcy Code unless noted. |
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ASSET |
EXEMPTION |
LAW PROVISION |
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HOMESTEAD
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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) |
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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 |
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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 |
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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 |
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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 |
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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 |
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TOOLS OF TRADE |
NONE |
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WAGES |
For head of family, earnings up to $750 a week; also amounts greater than $750 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 |
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WILD CARD |
$4,000 of any personal property in lieu of homestead exemption |
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Florida Bankruptcy Courts
See the list below for Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.
| BANKRUPTCY COURTS |
NUMBER OF COPIES |
Northern District
Tallahassee Division
110 East Park Avenue, Suite 100
Tallahassee, Florida 32301
Telephone:(850) 521-5001
Gainesville Division
United States Courthouse
401 SE First Ave.
Gainesville, FL 32601
Toll Free: (866) 639-4615
Panama City Division
United States Courthouse
30 W. Government St.
Panama City, Florida 32401
Toll Free: (866) 639-4615
Pensacola Division
Winston E. Arnow Federal Building
100 N. Palafox St.
Pensacola, FL 32502
Toll Free: (866) 639-4615
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Chapter 7 orig.
Chapter 13 orig.
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Middle District
Tampa Division
801 N. Florida Avenue Ste. 555
Tampa, FL 33602
Telephone: (866)-222-8029 #91
Jacksonville Division
300 North Hogan Street Ste.3-350
Jacksonville, FL 32202
Telephone: (904) 301-6490
Orlando Division
400 W. Washington Street Ste, 5100
Orlando, FL 32801
Telephone: (407)-237-8000
Fort Meyers Division
United States Courthouse
2110 First Street
Fort Myers, FL 33901
Files are maintained by Tampa Division
341 meetings are heard at above address
Viera Division Moore Justice Center
2825 Judge Fran Jamieson Way
Viera, FL 32940
Files are maintained by Orlando Division
341 meetings are heard at above address
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Chapter 7 orig.
Chapter 13 orig.
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Southern District
Miami Division
51 S.W. First Avenue, Rm. 1510
Miami, FL 33130
Telephone: (305) 714-1800
West Palm Beach Division
1515 North Flagler Drive, 8th Floor. 202
West Palm Beach, FL 33401
Telephone: (561) 514-4100
Fort Lauderdale Division
U.S. Courthouse
299 E. Broward Blvd., Room 112
Fort Lauderdale, FL 33301
Telephone No. (954) 769-5700
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Chapter 7 orig.
Chapter 13 orig.
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