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    Tag: bankruptcy

    • 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….

    • A Creditor cannot Garnish the Earnings of..

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      In the State of Florida, a Creditor cannot Garnish the Earnings of a Head Of Family, who is a natural person who provides more than…

    • Florida Law prohibits the Garnishment of the bank account of..

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      Florida Law prohibits the Garnishment of the bank account of a Head Of Family, for up to six months after such Earnings are received by…

    • To stop the Garnishment of your Earnings or Wages..

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      If you file a Claim of Exemption, as the Head of Family in the State of Florida, to stop the Garnishment of your Earnings or…

    • Earnings of the Head Of Family..

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      In the State of Florida, the Earnings of the Head Of Family may not lawfully be Garnished by a Creditor, unless such person consents in…

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