Like any other state, Florida also has Chapter 13 exemptions that you may utilize to retain some property when filing bankruptcy. It includes a car, a home, a retirement account, and more. In this article, you will learn more about Florida Chapter 13 bankruptcy exemptions with the help of a competent bankruptcy attorney.
If you are facing financial difficulties but are not well-versed in bankruptcy filing, the Golden Law Group is the best bankruptcy law office you can trust. We are a board-certified bankruptcy firm in Florida, providing customized plans and efficient execution for individuals requiring bankruptcy assistance. With more than 20 years of experience and the collaborative efforts of our legal team, we gained a solid reputation in Florida, allowing us to become board certified. If you need efficient assistance, schedule a free consultation now!
Why Do I Need a Bankruptcy Lawyer in Florida?
Understanding Florida bankruptcy exemptions involves dealing with the complicated bankruptcy code, including its procedures. If this is your first time considering filing for bankruptcy, consulting with a skilled bankruptcy lawyer is highly worthy of your investment. Before hiring one, keep in mind the following good qualities:
- Board Certified – Hiring a board-certified bankruptcy attorney is advantageous. Note that not everyone can be recognized by the American Board of Certification. Thus, anyone considered to be one is competent in that area of law. Choose someone knowledgeable in bankruptcy code. Board certification should, at all times, matter.
- Extensive Experience – Consider a bankruptcy attorney with a wide range of experience in quality and quantity. Assess the bankruptcy firm’s experience handling complicated cases for every Florida resident, including its other bankruptcy court matters.
- Customized Resolutions – Every bankruptcy case is unique, and that’s why you deserve a bankruptcy attorney who can offer customized resolutions to your debt problems. Choose someone who can treat you as a valued individual, go beyond anything in between to provide satisfactory service, and be proactive in each bankruptcy case.
In other words, the Golden Law Group is the bankruptcy firm you need. By dedicating 75% of our practice to consumer bankruptcy for more than 20 years, Attorney G. Donald Golden is board certified by the American Board of Certification. Attorney G. Donald has gained invaluable experience over more than 20 years of practice, allowing him to establish a solid reputation in the state. Our legal team respects every Florida resident and provides customized solutions to their debt problems. If you need assistance to file bankruptcy, book a free initial consultation now!
What are the Exemptions in Chapter 13 Bankruptcy in Florida?
You can retain your personal property covered by Florida Chapter 13 exemptions, notwithstanding the type of bankruptcy you are filing. However, each bankruptcy chapter treats nonexempt property—these are types of property not covered by the Florida exemptions. In Chapter 13 bankruptcy, you can protect everything that is yours. You have to take note, however, that you need to pay the value of the nonexempt property equity through your repayment plan or your disposable income.
Furthermore, spouses may double their exemption amount if both own the property for all exemptions aside from the homestead exemption. These exemptions can also be used to protect federal bankruptcy exemptions, tax credits, and stimulus payments.
Using Florida Bankruptcy Exemptions
While it is true that you can legally file for bankruptcy in Florida if you have lived there for 180 days, it is also important to remember that you must reside in Florida longer before you can use Florida bankruptcy exemptions. Otherwise, you can only use the bankruptcy exemptions available in your hometown.
Suppose you lived from one state to another during the past two years before filing the petition. You will use the federal bankruptcy exemptions of the state in which you lived for most of the 180 days immediately preceding your filing.
Florida Homestead Exemption
Generally speaking, Florida is considered to be one of the most selfless countries when it comes to homestead exemptions. In Florida law, you are allowed to exempt limitless equity in your properties covered by the homestead exemption so long as the property is not greater than 160 acres.
To be eligible for the Florida homestead exemption, you must have owned a property for at least 1,215 days before filing for bankruptcy. If you do not meet these requirements, federal law may impose restrictions.
Personal Property Exemptions
The personal properties listed below are exempt:
- Personal property up to a maximum of $1,000. Personal property includes items such as electronics, art, and furniture. The amount is $4,000 if the homestead exemption is not used.
- Health savings, education savings, and hurricane savings
- Health savings account deposits and prepaid medical savings accounts
- Tax refunds and credits
- Cost of funeral per Florida’s Preneed Funeral Contract Consumer Protection Trust Fund
- Particular partnership property
Motor Vehicle Exemption
Under Florida statute, a filer may exempt up to $1,000 in maximum equity in a motor vehicle. In cases where you are filing jointly with your spouse, this amount may increase.
Florida Wages Exemptions
If you are the head of your family, you can legally exempt up to $750 per week, or more than 75%, or 30 times the federal minimum wage under Florida law. Not only is this true for paid wages, but also unpaid wages and wages deposited in a bank account.
Pension payments made to federal government employees for support and claimed three months before declaring bankruptcy are also exempt.
Wildcard Exemption in Florida
If a filer does not use the homestead exemption, they may receive up to $4,000 in personal property.
Public Benefits Exemptions
For public benefits, you may exempt the following:
- Earned income tax credit
- Public assistance and Social Security
- Reemployment assistance
- Veterans’ benefits
- Workers’ compensation
- Crime victims’ compensation
Insurance Policies and Annuities Exemptions
You may exempt these for insurance policies and annuities:
- Public employee health insurance
- Death benefits are payable to a specific beneficiary
- Annuity contract proceeds, excluding lottery winnings
- Life insurance cash surrender value
- Illness or Disability benefits
- Fraternal benefit society benefits
Other Federal Exemptions
Listed above are the most frequently used exemptions in Florida. There may be other exemptions that apply to your circumstances. You have to make sure that you declare all the bankruptcy exemptions you are entitled to by consulting with a competent bankruptcy lawyer who is well-versed in Florida statutes, Florida bankruptcy law, the Florida Constitution, and other pertinent laws and regulations.
Call our Seasoned Bankruptcy Attorney Now!
It is critical to understand your exemptions before filing for Chapter 13 bankruptcy. However, understanding Florida bankruptcy exemptions is difficult for every average person. This should not prevent you from resolving your debt issues. Sometimes declaring bankruptcy is the best option. If you need assistance, contact a skilled bankruptcy attorney.
Board certified, experienced, and offers personalized legal assistance–these are some of the good qualities of the Golden Law Group. Attorney G. Donald Golden has spent over 20 years assisting individuals with their bankruptcy cases, allowing him to build a reputation, skills, and competencies and become board certified. With enough hard work and dedication, our law firm has grown to become one of the most trusted in Florida.
Under consumer bankruptcy, other than exemptions, our law firm handles creditor harassment, debt collection, debt relief, foreclosure defense, garnishment defense, student loans, and suing creditors. Book a free initial consultation now!