Florida Bankruptcy Laws Exempting Pension, Retirement & Profit-sharing Benefits
Fla.Stat. §222.21provides, in part, "Exemption of pension money and retirement or profit-sharing benefits from legal
processes. (1) Money received by any debtor as pensioner of the United States within 3 months next preceding the
issuing of an execution, attachment, or garnishment process may not be applied to the payment of the debts of
the pensioner when it is made to appear by the affidavit of the debtor or otherwise that the pension money is
necessary for the maintenance of the debtor's support or a family supported wholly or in part by the pension
money."
Operation of Florida bankruptcy laws
According to 11 U.S.C. 522(l) "The debtor shall file a list of property that the debtor claims as exempt
under subsection (b) of this section. If the debtor does not file such a list, a dependent of the debtor may
file such a list, or may claim property as exempt from property of the estate on behalf of the debtor. Unless a
party in interest objects, the property claimed as exempt on such list is exempt." The trustee, creditors, an
interested party, or the court upon it's own motion, may file an objection to exemptions designated within a
debtor's schedule. Denial requires notice to debtors and hearing.
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