Bankruptcy Exemptions

Florida Exemptions

Florida Statutes section 440.02 provides for the exemption of worker's compensation claims. It provides for the exemption of "compensation or benefits due or payable" under Florida Statutes, Chapter 440.

The District Court for the Southern District of Florida, in the case of Carpenter v. Brown, 13-CV-61183-KMM (SD Fla.

On June 27, 2012, the Florida Second District Court of Appeals issued its decision in Geraci v. Ems, 93 So. 3d 384 (Fla. 2nd DCA 2012).  The issue before the Court was whether a person's long-term leasehold interest in his condominium could qualify as a "homestead" exempt from forced sale under article X, section 4 of the Florida Constitution.  The lower Court held that it could not qualify as a homestead as it was not a fee simple interest. The Court of Appeals reversed and held that such a condominium may qualify as a homestead.