Tag: bankruptcy
In The State Of Florida There Is No Exemption For Fraudulent Transfers
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While the State of Florida has Laws that create Exemptions that protect a Debtor against garnishment, seizure or attachment of certain property owned by the…
Are Pensions Exempt Or Protected From Creditors And The Bankruptcy Trustee In Bankruptcy In The State Of Florida?
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Florida Statute Section 222.21 states: Money received by any debtor as pensioner of the United States within three months next preceding the issuing or an…
Are Tax Refunds Exempt Or Protected From Creditors Or The Bankruptcy Trustee In Bankruptcy?
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Currently, in the Middle District of Florida, most, if not all of the Bankruptcy Judges hold that tax refunds are not protected from the Bankruptcy…
In the State of Florida there are various Exemptions..
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In the State of Florida there are various Exemptions, which protect a Debtor against seizure or garnishment of his or her property from Creditors. Florida…
FLORIDA LAW PROVIDES FOR THE USE OF THE FLORIDA STATE EXEMPTIONS AND NOT THE FEDERAL EXEMPTIONS IN BANKRUPTCY PROCEEDINGS
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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…
Florida Statute, Section 122.15..
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Florida Statute, Section 122.15 provides that any benefits paid to State and County Officers and Employees under the Florida Retirement System, are Exempt, or protected…
Under Florida Statute, Section 319.22(a)1..
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Under Florida Statute, Section 319.22(a)1, a motor vehicle or mobile home owned by two or more persons with an “or” designation is considered to be…
Although property held by husband and wife..
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Although property held by husband and wife as Tenants by the Entirety is considered part of the bankruptcy estate, if a debtor files Bankruptcy, Section…
Section 541 of the Bankruptcy Code states ..
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Section 541 of the Bankruptcy Code states that the Debtor’s Estate includes all legal and equitable interests of the Debtor as of the commencement of…
If the husband and wife are jointly indebted..
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Under Florida Law, although property owned by husband and wife in Tenancy by the Entireties, is exempt from attachment or garnishment by one of the…
The Florida Supreme Court has held..
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The Florida Supreme Court has held that any property jointly owned by husband and wife is presumed to be held in Tenancy by the Entireties.
In Florida, property held jointly..
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In Florida, property held jointly by a Husband and Wife, is recognized as being held in Tenancy by the Entireties, provided several “unities” are satisfied….