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    Category: tax

    • MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA

      MESSAGE FROM A BANKRUPTCY ATTORNEY IN CLEARWATER, FLORIDA

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      THE SUPREME COURT DECISION IN BANK OF AMERICA V CAULKETT FURTHER ILLUSTRATES ITS LAWLESSNESS PART ONE Jay Weller is a Bankruptcy Attorney with Offices in Clearwater, Port Richey, and Lakeland, Florida. In Caulkett, the Debtor filed Chapter 7 Bankruptcy. The Debtor in Bankruptcy owned a Home with a First and Second Mortgage. The Fair Market…

    • Circuit Courts In Florida Have Equity Jurisdiction To Enjoin The Sale Of All Property

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      Florida Statute Section 222.09 states:   The circuit courts have equity jurisdiction to enjoin the sale of all property, real and personal, that is exempt from forced sale.

    • Courts In Florida Have Equity Jurisdiction To Set Apart Homestead And Exemption

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      Florida Statute Section 222.08 states:   The circuit courts have equity jurisdiction to order and decree the setting apart of homesteads and of exemptions of personal property from forced sales.

    • Defendants Right To Selection Under Florida Law

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      Florida Statute Section 222.07 states:   Upon the completion of the inventory the person entitled to the exemption, or the person’s agent or attorney , may select from such inventory an amount of property not exceeding, according to such appraisal, the amount of value exempted; but if the person so entitled, or the person’s agent,…

    • Florida Statute Section 222.061(5) provides

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      The State of Florida has Laws that provide some protections for Debtors against Creditors. Florida provides an Exemption for the Personal Property of the Debtor, both within a Bankruptcy and outside of one.   Florida Statute Section 222.061 provides a method of exempting Personal Property. Section 222.061(1) provides:   When a levy is made by…

    • Florida Law has a special Exemption..

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      Florida Law has a special Exemption for a Homestead that is a mobile home or modular home on land that the Debtor Homeowner, does not own. Meaning, the Debtor owns the mobile home but leases the land. Section 222.05 provides: Any person owning and occupying any dwelling house, including a mobile home used as a…

    • Florida has an unlimited Homestead Exemption..

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      Florida has an unlimited Homestead Exemption, in terms of the Fair Market Value of the Homestead. Provided you property sits on less than one-half acre in a municipality of less than 160 acres if outside a municipality, then the property can have an unlimited value in Fair Market Value. However, if you lived in your…

    • State Exemptions of Florida

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      In the State of Florida, if you file Bankruptcy, you will most likely use the State Exemptions of Florida, rather than the Federal Exemptions, or the Exemptions of any other State. There is an Exception to this Rule. To use the State Exemptions of Florida when filing Bankruptcy in Florida, you must be Domiciled in…

    • Homestead Exemption, the Final Word

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      In 1998, In re McFadyen, a Bankruptcy Court decision in the Middle District of Florida, held that a Federal Tax Lien is enforceable against Homestead property in the State of Florida. There are three exceptions to the Florida Homestead Exemption, in which a Creditor can force the sale of a Homestead, according to the Florida…

    • Protection Against Creditors..

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      Most Florida Courts have held that in order to claim the Homestead Exemption as a protection against Creditors, the homeowner must reside in the property. In 1882 in Drucker v Rothstein, a Florida Court held that a piece of land that was never occupied by the Claimant, as a home or dwelling, and not capable…

    • For a Debtor to claim the Homestead Exemption..

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      In order for a Debtor to claim the Homestead Exemption in the State of Florida as a protection against his Creditors, he generally must be occupying the dwelling.

    • Chapter 222 Florida Statute

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      Chapter 222 is the Florida Statute, enacted by the Florida Legislature, that implements the Homestead Exemption protection, that is contained in the State Constitution of the State of Florida. Florida Statute 222.05 states: Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not…