in the State of Florida There is No Exemption for Fraudulent Transfers

Written by

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 Debtor, Section 222.29 of the Florida Statutes provides that there is no Exemption for Fraudulent Transfers.   Florida Statute Section 222.29 provides:   An exemption from attachment, garnishment, or legal process provided by this chapter is not effective if it results from a fraudulent transfer or conveyance as provided in chapter 726.

Are Pensions Exempt or Protected From Creditors and the Bankruptcy Trustee in Bankruptcy in the State of Florida?

Written by

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 execution, attachment, or garnishment process may not be applied to the payment of any debts of the pensioner when it is made to appear by the affidavit of the debtor or otherwise that the pension money is necessary for the maintenance of the debtor’s support or a family supported wholly or in part by the pension money. The filing of Read More +

Are Tax Refunds Exempt or Protected From Creditors or the Bankruptcy Trustee in Bankruptcy?

Written by

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 Trustee in Bankruptcy Proceedings. The Bankruptcy Trustees and Judges in making their argument, will likely cite a Bankruptcy Decision by Alexander Paskay where he held that Tax Refunds are not Exempt or protected from the Bankruptcy Trustee, but that the portion of a Tax Refund that represents the Earned Income Credit, should be Exempt. In my opinion, Paskay’s holding in Read More +

in the State of Florida There Are Various Exemptions..

Written by

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 Statute Section 222.25 enumerates some of the Personal Property Exemptions available under Florida Law.   Florida Statute 222.25 provides that the following property is exempt from attachment, seizure or garnishment under Florida Law:   A debtor’s interest, not to exceed $1,000 in value, in a single motor vehicle as defined in s. 320.01. A debtor’s interest in any professionally prescribed Read More +

Florida Law Provides for the Use of the Florida State Exemptions and Not the Federal Exemptions in Bankruptcy Proceedings

Written by

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 Read More +

Florida Statute, Section 122.15..

Written by

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 from garnishment, attachment or levy, by Creditors.

Under Florida Statute, Section 319.22(a)1..

Written by

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 owned in Joint Tenancy or a Tenancy by Commons. If property is owned in Joint Tenancy, then each person has ownership over all of the property. Either A or B may sell the property. A Creditor of either A or B may attach or garnish the property. If property is owned by A and B, with an “and” designation, and Read More +

Although Property Held By Husband and Wife..

Written by

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 522 of the Bankruptcy Code allows the Debtor to claim certain Exemptions. If an Asset is Exempt, then it is exempt or protected from seizure by the Bankruptcy Trustee or Creditors. Section 522(d) of the Bankruptcy Code lists the Federal Exemptions, but each State, under Section 522 of the Bankruptcy Code, can opt-out of the Federal Exemptions and elect to Read More +

Section 541 of the Bankruptcy Code States ..

Written by

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 the case. Commencement of the case means the filing of the Bankruptcy. Most Courts hold that property held in Tenancy by the Entireties is either a legal or equitable interest in property and therefore, part of the debtor’s bankruptcy estate.

If the Husband and Wife Are Jointly Indebted..

Written by
blank

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 spouse’s creditors, if the husband and wife are jointly indebted to a Creditor, that Creditor may attach or garnish such property.