exemptions

Miami Bankruptcy Lawyer - Bankruptcy Cap on Homestead Exemption and Not if Held by Tenants by the Entireties

11/01/13

Bankruptcy Lawyer - Chapter 13 Bankruptcy Lawyer Jordan E. Bublick has an office in Miami and has over 25 years of experience in filing chapter 13 and chapter 7 bankruptcy cases. His office is located in Miami at 1221 Brickell Ave., 9th Fl., Miami and may be reached at (305) 891-4055. www.bublicklaw.com  

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Miami Bankruptcy Lawyer - Florida Exemption of "Earnings"

10/29/13

Bankruptcy Lawyer - Chapter 13 Bankruptcy Lawyer Jordan E. Bublick has an office in Miami and has over 25 years of experience in filing chapter 13 and chapter 7 bankruptcy cases. His office is located in Miami at 1221 Brickell Ave., 9th Fl., Miami and may be reached at (305) 891-4055. www.bublicklaw.com  

Florida statutes section 222.11 provides for certain exemptions of "disposable earnings" of a head of family and non-head of family in three different situations as follows:

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Statutory $4,000 Personal Property Exemption is in Addition to the Constitutional $1,000 Personal Property Exemption

10/06/13

Miami Personal Bankruptcy Attorney Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases. His office is centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055.  www.bublicklaw.com

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Debtor Allowed to Claim New $4,000 Section 222.25(4) Personal Property Exemption if Abandons Homestead and Does Not Claim as Exempt

10/01/13

Chapter 13 and Chapter 7 Bankrutcy Law - Miami Personal Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases. His office is centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055.  www.bublicklaw.com

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Non-Domiciliary Entitled to Claim Federal Exemptions

08/13/13

In the pre-BAPCPA decision of In re Arispe, 289 B.R. 245 (Bankr.S.D.Fla.)(Mark, C.J.), the court held that a debtor who is a resident in Florida but not a domicile of Florida is entitled to claim the Section 522(d) federal exemptions as the Florida opt-out statute only applies to those domiciled in Florida.

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Single Premium Annuity Exempt In Bankruptcy, Says Georgia Supreme Court.

06/11/13

The Georgia Supreme Court recently answered certified questions from the Eleventh Circuit Court of Appeals regarding whether a single premium annuity was exempt in a Chapter 7 case, where the annuity was purchased a year before filing with $220,000 in inherited funds.  A debtor’s transfer of $220,000 a year before filing Chapter 7 is certainly going to get the attention of a Trustee, and that was true of this case. However, in a significant win for the Debtor, the Georgia Supreme Court held that the annuity was exempt under Georgia law.  The case is Silliman v. Cassell, 2013 Ga.

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What is a judgment? Can bankruptcy help?

05/05/12

A judgment is a legal determination that you owe a debt A judgment is really just a piece of paper signed by a judge that says you owe a debt. For example, in the event you can’t pay a credit card on time, the bank has no immediate recourse. They can call and write, but [...]

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Fifth Circuit Finds Inherited IRAs Exempt

03/13/12
In a case of first impression for the Fifth Circuit or any other court of appeals, the Fifth Circuit has ruled that inherited IRA accounts may be claimed as exempt under 11 U.S.C. Sec. 522(d)(12). Matter of Chilton, No. 11-40377 (5th Cir. 3/12/12), which can be found here.
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Homestead Exemption Upheld Despite $184,000 Investment Within 10 Years Of Bankruptcy

03/05/12

The 2005 bankruptcy law contains a provision which intends to stop debtors from converting non-exempt funds in to homestead properties otherwise exempt under state law. The Code section provides for loss of homestead exemption to the extent a Chapter 7 debtor used non-exempt assets, such as cash, to buy a homestead within 10 years preceding bankruptcy bankruptcy  when the debtor purchased the homestead with the intent to defraud creditors.

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Bankruptcy When You Are Judgment-Proof

02/17/12

A person is judgment proof when under the laws of their state, a judgment creditor (lawsuit plaintiff) has no practical ability to force payment of the judgment. In North Carolina, which does not have generally available wage garnishment statutes, a judgment debtor is effectively judgment proof if all of his or her property can be [...]

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