"Florida Bankruptcy Exemptions"
State statutes list specific property which is exempt from seizure in Florida bankruptcy cases. In 16 states, residents are
allowed to select either state or federal exemptions provided by 11 U.S.C. 522. In all other states and
jurisdictions, debtors are limited to state exemptions only.
| 11 U.S.C. §522 allows an individual debtor may exempt from property of the estate "(A)
any property that is exempt under Federal law, other than subsection (d) of this section, or State or local
law that is applicable on the date of the filing of the petition at the place in which the debtor's domicile
has been located for the 180 days immediately preceding the date of the filing of the petition, or for a
longer portion of such 180-day period than in any other place; and (B) any interest in property in which
the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety
or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt
from process under applicable nonbankruptcy law." |
The Florida Bankruptcy Court for the Southern District issued Administrative Order No. 04-6
on March 31, 2004. This order pertains to proposed amendments to local rules. In particular, this order requires
an en banc hearing (all judges present) to consider public comments. anyone who wishes to have personal comments
considered by the court must submit proposals in writing. Anyone wishing to address the court must file a
request for appearance. The Florida Bankruptcy Court for the Middle District amended Local Rule 5005-1 on
September 15, 2003. This amendment states” The Court shall permit documents and papers to be filed, signed, or
verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference
of the United States establishes.” Soon, all courts will require electronic submission.
Back to Florida Bankruptcy words & phrases.
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