Florida Bankruptcy Exemptions
Federal supplemental exemptions can be used in conjunction with your Florida exemptions and can be viewed here.
To find out how the exemptions apply in your specific situation you can schedule a free consultation with a local bankruptcy attorney.
|
ASSET |
EXEMPTION DESCRIPTION |
LAW SECTION |
|
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 $1000 |
Constitution 10-4; In re Hawkins, 51 B.R. 348 (S.D. Fla. 1985) 222.25
222.25 |
|
Public benefits |
Crime victims’ compensation unless seeking to discharge debt for treat of injury incurred during the crime Hazardous occupation injury recoveries Public assistance Social security Unemployment compensation Veterans’ benefits Workers’ compensation |
960.14 769.05 222.201 222.201 222.201, 443.051(2), (3) 222.201, 744.626 440.22 |
|
Tools of trade |
NONE |
|
|
Wages |
100$ of wages for heads of family up to $500 per week either unpaid or paid and deposited into bank account for up to 6 months Federal government employees pension payments needed for support and received 3 months prior |
222.11 222.21 |
|
WILD CARD |
SEE PERSONAL PROPERTY |
|
More Information on Florida Bankruptcy Law
- Florida Bankruptcy Forms
- Florida Bankruptcy Courts
- Florida Bankruptcies - Chapter 7 and Chapter 13 Bankruptcy Statistics
If you have a specific question about exemptions related to your situation you can schedule a free consultation with a local bankruptcy attorney.
You may also want to visit your federal bankruptcy
court
web site: