Florida Bankruptcy Exemptions

ASSET

EXEMPTION DESCRIPTION

LAW SECTION

Homestead

Real or personal property including mobile or modular home to unlimited value; property cannot exceed ½ acre in municipality or 160 contiguous acres elsewhere; spouse or child or deceased owner may claim homestead exemption

May file homestead declaration

Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

222.01, 222.02,

222.03, 222.05,

Constitution 10-4

222.01

In re Avins, 19 B.R. 736

(S.D. Fla. 1982)

Insurance

Annuity contract proceeds; does not include lottery winnings

Death benefits payable to a specific beneficiary, not the deceased’s estate

Disability or illness benefits

Fraternal benefit society benefits, if received before 10/1/96

Life insurance cash surrender value

222.14; In re Pizzi, 153 B.R.

357 (S.D. Fla. 1982)

222.13

222.18

632.619

222.14

Miscellaneous

Alimony, child support needed for support

Damages to employees for injuries in hazardous occupations

Pre-need funeral contract deposits

Property of business partnership

222.201

769.05

497.413(8)

620.68

Pensions

see also wages

County officers, employees

ERISA-qualified benefits

Firefighters

Highway patrol officers

Police officers

State officers, employees

Teachers

122.15

222.21(2)

175.241

321.22

185.25

121.131

238.15

Personal property

Any personal property to $1,000 (Husband & wife may double)

Health aids

Motor vehicle to $1000

Constitution 10-4;

In re Hawkins, 51 B.R. 348 (S.D. Fla. 1985)

222.25

222.25

Public benefits

Crime victims’ compensation unless seeking to discharge debt for treat of injury incurred during the crime

Hazardous occupation injury recoveries

Public assistance

Social security

Unemployment compensation

Veterans’ benefits

Workers’ compensation

960.14

769.05

222.201

222.201

222.201, 443.051(2), (3)

222.201, 744.626

440.22

Tools of trade

NONE

Wages

100$ of wages for heads of family up to $500 per week either unpaid or paid and deposited into bank account for up to 6 months

Federal government employees pension payments needed for support and received 3 months prior

222.11

222.21

WILD CARD

SEE PERSONAL PROPERTY