Q: Can I protect college tuition and savings accounts, health savings account and hurricane savings accounts? In a Florida bankruptcy, the answer is yes! These funds are all 100% protected (Fla. Stat. Ann. 222.22).
Learn moreQ: Can I protect my disability income benefits? In a Florida bankruptcy, the answer is yes! Disability payments, regardless of whether they are denominated Social Security/Public disability benefits or private disability benefits are all 100% protected (Fla. Stat. Ann. 222.18).
Learn moreQ: Can I protect my alimony, support or separate maintenance payments I receive from my divorce? In a Florida bankruptcy, the answer is conditionally yes, to the extent necessary for your support or support of your dependents (Fla. Stat. Ann. 222.201 and 11 U.S.C. 522(d)(10)(D).
Learn moreQ: Can I protect my retirement income? In a Florida bankruptcy, the answer is a resounding YES! Social Security is 100% protected in bankruptcy (Fla. Stat. Ann. 222.201 and 11 U.S.C. 522(d)(10)(A)). Retirement benefits of teachers (Fla. Stat. Ann. 238.15), public employees ((Fla. Stat. Ann. 121.131, 121.055(6)(e)), county and state officers and...
Learn moreQ: Can I protect my business in bankruptcy? Similar to sentiment expressed for the family car, we often hear, “how could the bankruptcy trustee sell my business? How will I earn a living?” Although the noble principles of bankruptcy stand for the proposition of giving people a fresh start or a second chance, never lose
Learn moreQ: Can I protect my commissions in bankruptcy? Suppose you are a real estate agent, or an insurance agent or a stock broker that earns valuable commission. If you believe that Fla Stat. Ann. 222.11(2) is going to protect your commissions because of the language of that statute (which actually says it will protect “wages,
Learn moreQ: Can I protect my wages in bankruptcy? Florida has wage exemption statutes located at Fla. Stat. Ann. 222.11(2) that will protect six months of traceable wages for head of household employees. The bankruptcy court takes a narrow view of the Florida statute that seemingly protects all earnings whether denominated as “wages, salary...
Learn moreQ: Can I protect my car(s) in bankruptcy? Leased Vehicles. A little clarity is in order. If you are leasing your vehicle(s), you have nothing to worry about. You can continue to lease the vehicles by entering into a “lease assumption” agreement with your lender with relative informality. Once “assumed” the lease will...
Learn moreQ: Can I protect my house in bankruptcy? The Florida Constitutional Homestead Exemption. One of the most valuable Florida bankruptcy “exemptions” (i.e., laws that protect your property from creditors including a bankruptcy trustee) is the “homestead” exemption. This is a little different from the homestead that you file...
Learn moreWhat are exemptions? Laws that protect your real and personal property in a Florida bankruptcy are called “exemptions” and actually rely on the State of Florida’s own property exemptions rather than federal exemptions. These state exemptions will even protect your property outside of bankruptcy if you decide not to file a...
Learn moreCan I lose my broker’s license, driver’s license or any other government license solely because I filed for bankruptcy? The answer is NO. You cannot lose your license (any of them) “solely” for filing for bankruptcy because of the protections under 11 U.S. Code ยง 525 (“Protection against discriminatory...
Learn moreCan I be denied a government student loan because I filed for bankruptcy or may have discharged past due payments? The answer is NO. You cannot be denied a future student loan for filing for bankruptcy, even if you may have successfully discharged past due payments under a prior government student loan , because of
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