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ABOUT CHAPTER 7
HOW CHAPTER 7 WORKS
THE CHAPTER 7 DISCHARGE
ABOUT CHAPTER 13
HOW CHAPTER 13 WORKS
THE CHAPTER 13 DISCHARGE
STATE EXEMPTIONS
COURT GUIDE
ROLE OF THE TRUSTEE
BANKRUPTCY TERMS
BANKRUPTCY & TAX LIABILITY
FREQUENTLY ASKED QUESTIONS

 
Florida bankruptcy exemptions   FL Bankruptcy Exemptions

FEDERAL BANKRUPTCY EXEMPTIONS ARE NOT AVAILABLE
All law references are to Florida Bankruptcy Code unless noted.

ASSET

EXEMPTION

LAW PROVISION

HOMESTEAD

Real or personal property including mobile or modular home to unlimited value; property cannot exceed ½ acre in municipality or 160 contiguous acres elsewhere; spouse or child or deceased owner may claim homestead exemption

May file homestead declaration

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

222.01, 222.02,

222.03, 222.05,

Constitution 10-4

222.01

In re Avins, 19 B.R. 736

(S.D. Fla. 1982)

INSURANCE

Annuity contract proceeds; does not include lottery winnings

 

Death benefits payable to a specific beneficiary, not the deceased’s estate

Disability or illness benefits

Fraternal benefit society benefits, if received before 10/1/96

Life insurance cash surrender value

222.14; In re Pizzi, 153 B.R.

357 (S.D. Fla. 1982)

222.13

222.18

632.619


222.14

MISCELLANEOUS

Alimony, child support needed for support

Damages to employees for injuries in hazardous occupations

Pre-need funeral contract deposits

Property of business partnership

222.201


769.05


497.413(8)

620.68

PENSIONS
see also wages

County officers, employees

ERISA-qualified benefits

Firefighters

Highway patrol officers

Police officers

State officers, employees

Teachers

122.15

222.21(2)

175.241

321.22

185.25

121.131

238.15

PERSONAL PROPERTY

Any personal property to $1,000 (Husband & wife may double)

 

Health aids

Motor vehicle to $1000

Constitution 10-4;
In re Hawkins
, 51 B.R. 348 (S.D. Fla. 1985)

222.25

222.25

PUBLIC BENEFITS

Crime victims’ compensation unless seeking to discharge debt for treat of injury incurred during the crime

Hazardous occupation injury recoveries

Public assistance

Social security

Unemployment compensation

Veterans’ benefits

Workers’ compensation

960.14



769.05


222.201

222.201

222.201, 443.051(2), (3)

222.201, 744.626

440.22

TOOLS OF TRADE

NONE

 

WAGES

For head of family, earnings up to $750 a week; also amounts greater than $750 unless debtor has agreed other wise in writing. For head of family or others, exempt in any event up to amount allowed under the Consumer Credit Protection Act, 15 USC § 1673. Applies to earned but unpaid wages, or wages paid and in a bank account.

Federal government employees pension payments needed for support and received 3 months prior

222.11




222.21

WILD CARD

$4,000 of any personal property in lieu of homestead exemption

 



Florida bankruptcy courts  Florida Bankruptcy Courts
See the list below for Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.

BANKRUPTCY COURTS NUMBER OF COPIES
Northern District
Tallahassee Division
110 East Park Avenue, Suite 100
Tallahassee, Florida 32301
Telephone:(850) 521-5001

Gainesville Division
United States Courthouse
401 SE First Ave.
Gainesville, FL 32601
Toll Free: (866) 639-4615

Panama City Division
United States Courthouse
30 W. Government St.
Panama City, Florida 32401
Toll Free: (866) 639-4615

Pensacola Division
Winston E. Arnow Federal Building
100 N. Palafox St.
Pensacola, FL 32502
Toll Free: (866) 639-4615
Chapter 7  orig.
Chapter 13 orig.
Middle District
Tampa Division
801 N. Florida Avenue Ste. 555
Tampa, FL 33602
Telephone: (866)-222-8029 #91

Jacksonville Division
300 North Hogan Street Ste.3-350
Jacksonville, FL 32202
Telephone: (904) 301-6490

Orlando Division
400 W. Washington Street Ste, 5100
Orlando, FL 32801
Telephone: (407)-237-8000

Fort Meyers Division
United States Courthouse
2110 First Street
Fort Myers, FL 33901
Files are maintained by Tampa Division
341 meetings are heard at above address

Viera Division Moore Justice Center
2825 Judge Fran Jamieson Way
Viera, FL 32940
Files are maintained by Orlando Division
341 meetings are heard at above address

Chapter 7  orig.
Chapter 13 orig.
Southern District
Miami Division
51 S.W. First Avenue, Rm. 1510
Miami, FL 33130
Telephone: (305) 714-1800

West Palm Beach Division
1515 North Flagler Drive, 8th Floor. 202
West Palm Beach, FL 33401
Telephone: (561) 514-4100

Fort Lauderdale Division
U.S. Courthouse
299 E. Broward Blvd., Room 112
Fort Lauderdale, FL 33301
Telephone No. (954) 769-5700

Chapter 7  orig.
Chapter 13 orig.

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