Florida Bankruptcy Exemptions
Most persons filing for bankruptcy relief in Florida are allowed to use the Florida exemptions. In some cases, the exemptions of another state or the federal bankruptcy exemptions must be used.
Exempt property is not considered part of the bankruptcy estate. By being exempt, the property is taken out of the bankruptcy estate and may not be administered or liquidated by a Chapter 7 trustee to pay creditors.
In a Chapter 13 case, the exemption of property is also important as the amount required to be paid to unsecured creditors under a Chapter 13 plan is determined, in part, on the value of the debtor’s property that is not exempt.
The Florida Constitution provides for a very generous homestead exemption. A homestead is exempt to the extent of 1/2 acre if located within a municipality and up to 160 acres if located outside a municipality.
Florida provides for a $1,000 exemption for personal property. In addition, where a person does not claim or receive the benefits of a homestead exemption, an additional $4,000 exemption of personal property is allowed.
Florida provides for an exemption of $1,000 in value for motor vehicles. Motor vehicles includes includes cars, trucks, and motorcycles.
Other Exempt Property
Other property that is general exempt includes
- retirement and pension benefits
- social security benefits
- life insurance policies
- workers compensation claims
- IRS earned income credit