Thursday, August 20, 2020

Exemptions: Florida Retirement 

 A Chapter 7 Bankruptcy is a process one goes through regulated by the Federal Code, Federal Bankruptcy Rules, State Laws, Local Rules, and Court decisions. This chapter of bankruptcy allows one to discharge most debts, however, it does not allow one to keep a lot of stuff while discharging their debts. What one can keep is usually referred to as exempt property.

The exempt property for cases filed in Florida is composed of items according to Federal Law and State Law. Traditionally, the property exempt in Florida would have to be specifically waived in order for the property to lose its exemption status, including retirement funds such as 401(k) accounts. There recent case law that could significantly effect these exemption rights on a case by case basis.

If you are planning on filing Chapter 7 or 13 in Florida, I highly recommend you seek the advise of a local bankruptcy attorney regarding your exemptions, and possible complications that could arise.

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