THE SUPREME COURT DECISION IN BANK OF AMERICA V CAULKETT FURTHER ILLUSTRATES ITS LAWLESSNESS PART ONE Jay Weller is a Bankruptcy Attorney with Offices in Clearwater, Port Richey, and Lakeland, Florida. In Caulkett, the Debtor filed Chapter 7 Bankruptcy. The Debtor in Bankruptcy owned a Home with a First and Second Mortgage. The Fair Market Value of the Home was less than the Balance of the First Mortgage. The Second Mortgage, in terms of Bankruptcy, is Wholly Unsecured. Section 506(d) of the Bankruptcy Code provides, Read More +
Under Florida Statute 769.05, Damages or an award for the Damages, received by employees working in hazardous occupations, are Exempt or protected from Creditor attachment, garnishment or levy.
Under Florida Statute 222.18, Disability Benefits are Exempt or protected against Creditor garnishment, attachment or levy
Life Insurance proceeds that are paid to a specific beneficiary are Exempt or protected from Creditors from attachment, levy or garnishment, under Florida Statute 222.13.
Florida Statute 222.201 provides that Alimony and Child Support are Exempt or protected from levy, attachment or garnishment by Creditors, but only to the extent reasonably necessary for the support of the Debtor.
Florida Statute 960.14 provides that Crime Victims Compensation benefits are generally Exempt or protected from attachment, garnishment or levy, by Creditors. An Exception to this rule is when the Debtor is seeking the Discharge of debt relating to the medical treatment of the Victims injuries resulting from the crime.
Florida Statute Section 440.22 provides that Workers Compensation benefits are generally Exempt or protected from garnishment, attachment or levy, by Creditors, in the State of Florida.
The Federal Tax Refund Offset Program Unleashed! The Federal Tax Refund Offset Program involves a complete seizure of all tax refunds that are due to debtors who are in default on their student loans. The Program also permits the seizure of monies due debtors through Special Payments such as economic stimulus monies. The Federal Statute allows these offsets, even for debts that are being administered by or collected by, a third party, or private party, acting on behalf of the Federal Government. This same Federal Read More +