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    Tag: tax

    • Defendants Right To Selection Under Florida Law

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      Florida Statute Section 222.07 states:   Upon the completion of the inventory the person entitled to the exemption, or the person’s agent or attorney , may select from such inventory an amount of property not exceeding, according to such appraisal, the amount of value exempted; but if the person so entitled, or the person’s agent,…

    • Florida Statute Section 222.061(5) provides

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      The State of Florida has Laws that provide some protections for Debtors against Creditors. Florida provides an Exemption for the Personal Property of the Debtor, both within a Bankruptcy and outside of one.   Florida Statute Section 222.061 provides a method of exempting Personal Property. Section 222.061(1) provides:   When a levy is made by…

    • Florida Law has a special Exemption..

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      Florida Law has a special Exemption for a Homestead that is a mobile home or modular home on land that the Debtor Homeowner, does not own. Meaning, the Debtor owns the mobile home but leases the land. Section 222.05 provides: Any person owning and occupying any dwelling house, including a mobile home used as a…

    • Notice Of Homestead

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      If a natural person residing in Florida, has a Judgment entered against him for a Debt, and he owns and desires to protect his Homestead, then under Section 222.01(2) of the Florida Statutes, he has a remedy. Section 222 provides: When a certified copy of a judgment has been filed in the public records of…

    • Federal Statute, 11 USC Section 522..

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      Federal Statute, 11 USC Section 522 and Florida State Statute, Section 222.21 provide that all ERISA qualified retirement plans and pensions, are Exempt or protected from attachment, seizure or garnishment, by Creditors in the State of Florida.

    • Florida has an unlimited Homestead Exemption..

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      Florida has an unlimited Homestead Exemption, in terms of the Fair Market Value of the Homestead. Provided you property sits on less than one-half acre in a municipality of less than 160 acres if outside a municipality, then the property can have an unlimited value in Fair Market Value. However, if you lived in your…

    • State Exemptions of Florida

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      In the State of Florida, if you file Bankruptcy, you will most likely use the State Exemptions of Florida, rather than the Federal Exemptions, or the Exemptions of any other State. There is an Exception to this Rule. To use the State Exemptions of Florida when filing Bankruptcy in Florida, you must be Domiciled in…

    • Homestead Exemption, the Final Word

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      In 1998, In re McFadyen, a Bankruptcy Court decision in the Middle District of Florida, held that a Federal Tax Lien is enforceable against Homestead property in the State of Florida. There are three exceptions to the Florida Homestead Exemption, in which a Creditor can force the sale of a Homestead, according to the Florida…

    • Protection Against Creditors..

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      Most Florida Courts have held that in order to claim the Homestead Exemption as a protection against Creditors, the homeowner must reside in the property. In 1882 in Drucker v Rothstein, a Florida Court held that a piece of land that was never occupied by the Claimant, as a home or dwelling, and not capable…

    • For a Debtor to claim the Homestead Exemption..

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      In order for a Debtor to claim the Homestead Exemption in the State of Florida as a protection against his Creditors, he generally must be occupying the dwelling.

    • Chapter 222 Florida Statute

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      Chapter 222 is the Florida Statute, enacted by the Florida Legislature, that implements the Homestead Exemption protection, that is contained in the State Constitution of the State of Florida. Florida Statute 222.05 states: Any person owning and occupying any dwelling house, including a mobile home used as a residence, or modular home, on land not…

    • Florida Law in Homesteads

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      In Southern Walls, Inc v. Stilwell Corp, the 5th District Court in Florida, in discussing the Florida Homestead Exemption, stated, “although a castle to one may be a shanty to another, the law does not so discriminate. Thus, regardless of whether one’s castle is a traditional home or a modest cottage, whether it is a…