The Earnings of a Head Of Family or Head of Household, in the State of Florida are Exempt or protected from Garnishment by Creditors. The only exception to this Law, which is defined in Section 222.11 of the Florida Statutes, is when the Head Of Family has more than $750 per week in Disposable Earnings AND such Head Of Family agrees in writing, to the Garnishment. The Head Of Family is defined as any natural person that provides more than one-half of the support for Read More +
Florida Statute 222.11 provides for the Exemption of Wages or Earnings of the Head Of Family from Garnishment by Creditors. Florida Statute Section 222.11(1)(c) defines HEAD OF FAMILY as: “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.
Section 222.11 of the Florida Statutes Exempts the Earnings of the Head Of Household from Garnishment. Section 222.11(1)(a) defines Earnings as: “Earnings” includes compensation paid or payable, in money of a sum certain, for personal Services or labor whether denominated as wages, salary, commission, or bonus.
Section 221.11 of the Florida Statutes Exempts the Earnings of the Head of Household from Garnishment, Unless the Head Of Family has DISPOSABLE EARNINGS of over $750 per week and agrees in writing to such Garnishment. Section 222.11(1)(b) defines DISPOSABLE EARNINGS as: “disposable earnings” means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld”.
The Exemption for the Head Of Family is defined in Section 222.11 of the Florida Statutes. The Wages of the Head Of Family cannot be garnished in the State of Florida. There are some exceptions to this Law. Section 222.11 provides: The EARNINGS of the HEAD OF FAMILY cannot be Garnished, UNLESS The Head Of Family has DISPOSABLE EARNINGS of more than $750.00 per week AND such person AGREED OTHERWISE IN WRITING. The important terms to define are HEAD OF FAMILY, EARNINGS, DISPOSABLE EARNINGS, Read More +
The US Bankruptcy Code And Student Loans: Constructing The Plain Meaning Of The Bankruptcy Code In Attacking Student Loans Part II In Series by Jay Weller Editors Note: In Part One in our Series on Student Loans, the writer offered an Equation in determining whether Student Loans can be Discharged in Bankruptcy. The Equation should properly state: UNDUE HARDSHIP + (NOT A OR B OR C) = STUDENT LOAN DISCHARGE For the Second Portion of our analysis of Student Loans, the analyzer Read More +
Dischargeability Of Student Loans Interpreting Bankruptcy Code Section 523(a)(8) Constructing The Plain Text Of The Bankruptcy Code In Determining Whether A Student Loan Can Be Discharged Or Eliminated In Bankruptcy Part One of A Series By Clearwater Florida Bankruptcy Lawyer Jay Weller Please refer to the Text of the prior Post which repeats, word for word, the Text of the Bankruptcy Code as its applies to Student Loans. Section 523(a)(8) of the Bankruptcy Code defines when Student Loans can be Discharged or eliminated in Bankruptcy. Read More +
What Does Bankruptcy Code Specifically Say About Student Loans? By Jay Weller Section 11 USC 523(a)(8) of the US Bankruptcy Code is the operative Section in regards to Student Loans. Section 523(a)(8) States STUDENT LOANS ARE NOT DISCHARGED UNLESS: Unless excepting such debt from discharge under this paragraph would impose an UNDUE HARDSHIP on the debtor and the debtor’s dependants, for- (A)(i) an EDUCATIONAL OVERPAYMENT or LOAN MADE, INSURED, or GUARANTEED by a GOVERNMENTAL UNIT or NONPROFIT INSTITUTION; or made under ANY PROGRAM FUNDED in Read More +
Here Are Your Options By Jay Weller Many of the Clients of Weller Legal Group have difficulties presented by their Automobile Loans. Loss of income, or unexpected financial circumstances sometimes leaves a Client delinquent on his Automobile Loan and in danger of Repossession. Sometimes, the monthly payment is too burdensome for the Client to pay, with the attendant other Debts he may have. Bankruptcy can help these Clients in numerous ways. In a Chapter 13 Bankruptcy, or what is referred to as a Debt Consolidation, Read More +
An Explanation Of The Mechanisms Of Lien Stripping By Jay Weller One tool used by knowledgeable Bankruptcy Attorneys is a process called Lien Stripping. Lien Stripping in Bankruptcy permits the Bankruptcy Attorney, on his Client’s behalf, to eliminate or Discharge Second and Lesser Mortgages, meaning other than the First Mortgage. In order to Lien Strip a Second Mortgage, the Fair Market Value of the Debtor’s Homestead must be less than the Balance of the First Mortgage. In such a circumstance, the result is that the Read More +