FLORIDA LAW PROVIDES FOR THE USE OF THE FLORIDA STATE EXEMPTIONS AND NOT THE FEDERAL EXEMPTIONS IN BANKRUPTCY PROCEEDINGS

Florida Statute Section 222.20 provides:

 

In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 USC s. 522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 USC s. 522(d)). Nothing herein shall affect the exemptions given to residents of this state by the State Constitution and the Florida Statutes.

 

HOWEVER, IN SOME CASES, A DEBTOR IN A BANKRUPTCY COURT IN FLORIDA, MAY USE CERTAIN FEDERAL EXEMPTIONS:

 

Florida Statute Section 222.201(1) provides:

 

Notwithstanding s 222.20, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to another other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that act.