Florida Statute 222.11 Provides for the Exemption of Wages..

Florida Statute 222.11 provides for the Exemption of Wages or Earnings of the Head Of Family from Garnishment by Creditors.   Florida Statute Section 222.11(1)(c) defines HEAD OF FAMILY as: “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.

Section 221.11 of the Florida Statutes Provides That Creditors ..

Section 221.11 of the Florida Statutes provides that Creditors cannot Garnish the Earnings of the Head Of Family, unless the Head of Family has Disposable Earnings over $750 per week and the same person agrees in writing to such Garnishment. Florida Law Section 221.11(b) provides that the written agreement must: Be written in the same language as the contract or agreement to which the waive relates; Be contained in a separate document attached to the contract or agreement; and Be in substantially the following form Read More +

Section 222.11 of the Florida Statutes Exempts the Earnings Of..

Section 222.11 of the Florida Statutes Exempts the Earnings of the Head Of Household from Garnishment. Section 222.11(1)(a) defines Earnings as: “Earnings” includes compensation paid or payable, in money of a sum certain, for personal Services or labor whether denominated as wages, salary, commission, or bonus.

Section 221.11 of the Florida Statutes Exempts the Earnings Of..

Section 221.11 of the Florida Statutes Exempts the Earnings of the Head of Household from Garnishment, Unless the Head Of Family has DISPOSABLE EARNINGS of over $750 per week and agrees in writing to such Garnishment.   Section 222.11(1)(b) defines DISPOSABLE EARNINGS as: “disposable earnings” means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld”.

Florida Has A Head of Family or Head of Household Exemption..

Florida has a Head Of Family or Head Of Household Exemption that provides that the Wages of the Head Of Family are Exempt from Garnishment. That means the Wages of the Head Of Family cannot be Garnished in the State of Florida. There are some exceptions to this Law.

the Exemption for the Head of Family is Defined..

The Exemption for the Head Of Family is defined in Section 222.11 of the Florida Statutes. The Wages of the Head Of Family cannot be garnished in the State of Florida. There are some exceptions to this Law. Section 222.11 provides: The EARNINGS of the HEAD OF FAMILY cannot be Garnished, UNLESS The Head Of Family has DISPOSABLE EARNINGS of more than $750.00 per week AND such person AGREED OTHERWISE IN WRITING.   The important terms to define are HEAD OF FAMILY, EARNINGS, DISPOSABLE EARNINGS, Read More +

Discharge of Student Loans in Bankruptcy

Discharge of Student Loans In Bankruptcy: How Obama And The Senate Democrats Proposed Bill Is Much Ado About Nothing Part III in Series By Jay Weller   Recently, upon inspiration from President Obama and his Student Bill of Rights, as implemented by Executive Order, a number of Senators in Congress have introduced a Bill called the Fairness For Struggling Students Act of 2015.   The main sponsor of the Bill, Illinois Senator Dick Durbin, was joined by his co-sponsors of the Bill, including Mazie Hirono Read More +

the Us Bankruptcy Code and Student Loans

The US Bankruptcy Code And Student Loans: Constructing The Plain Meaning Of The Bankruptcy Code In Attacking Student Loans  Part II In Series by Jay Weller   Editors Note: In Part One in our Series on Student Loans, the writer offered an Equation in determining whether Student Loans can be Discharged in Bankruptcy. The Equation should properly state:   UNDUE HARDSHIP + (NOT A OR B OR C) = STUDENT LOAN DISCHARGE   For the Second Portion of our analysis of Student Loans, the analyzer Read More +

Dischargeability of Student Loans

Dischargeability Of Student Loans Interpreting Bankruptcy Code Section 523(a)(8) Constructing The Plain Text Of The Bankruptcy Code In Determining Whether A Student Loan Can Be Discharged Or Eliminated In Bankruptcy Part One of A Series By Clearwater Florida Bankruptcy Lawyer Jay Weller Please refer to the Text of the prior Post which repeats, word for word, the Text of the Bankruptcy Code as its applies to Student Loans. Section 523(a)(8) of the Bankruptcy Code defines when Student Loans can be Discharged or eliminated in Bankruptcy. Read More +

What Section of the Bankruptcy Code Applies to Student Loans?

What Does Bankruptcy Code Specifically Say About Student Loans? By Jay Weller Section 11 USC 523(a)(8) of the US Bankruptcy Code is the operative Section in regards to Student Loans. Section 523(a)(8) States STUDENT LOANS ARE NOT DISCHARGED UNLESS: Unless excepting such debt from discharge under this paragraph would impose an UNDUE HARDSHIP on the debtor and the debtor’s dependants, for- (A)(i) an EDUCATIONAL OVERPAYMENT or LOAN MADE, INSURED, or GUARANTEED by a GOVERNMENTAL UNIT or NONPROFIT INSTITUTION; or made under ANY PROGRAM FUNDED in Read More +