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    Tag: bankruptcy

    • 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 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…

    • 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 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…

    • 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 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…

    • 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 from garnishment, attachment or levy, by Creditors.

    • 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 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…

    • 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 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…

    • 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 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…

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

    • 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. In order for property owned by a husband and wife to be recognized as being held in Tenancy by the Entireties, there must be:   Joint ownership and control; Identical…

    • 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 one-half of the support of a child or other dependent, unless such Head of Family (otherwise known as the head of household), agrees in writing to such Garnishment. Section 222.11…

    • 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 the Head Of Family. If the Creditor does not follow certain procedural requirements, the Garnishee can seek to have the Garnishment dissolved on procedural grounds (in addition to the grounds…