SouthFloridaBankruptcyLawBlog

With certain exceptions, the filing of a bankruptcy petition immediately and automatically puts into place a court order of a stay of collection action applicable to all entities against actions by creditors against the person who filed for bankruptcy relief as well as his property. The bankruptcy stay remain in effect until it is terminated by the bankruptcy court or as otherwise provided by the Bankruptcy Code.

Chapter 13 Co-Debtor Stay
In a chapter 13 case, the automatic stay is also effective against a person who is a co-signer on consumer debt.

In a chapter 7 or 13 bankruptcy case, a "creditors' meeting" is held three to seven weeks after the case is filed. The bankruptcy code requires this meeting to be held.  Although called a "creditors' meeting," in most cases no creditors attend.

A chapter 7 creditors' meeting is usually presided over by the chapter 7 trustee and a chapter 13 creditors' meeting by the standing chapter 13 trustee. The debtor is required to attend to creditors' meeting unless there are special circumstances to excuse attendance.

Real Property

Homestead - unlimited in value, l/2 acre in municipality, 160 acres outside municipality, Art. X, Section 4, Florida Constitution

Personal Property 

Generally - to extent of $1,000, Art. X, Section 4, Florida Constitution and a further $4,000 in certain circumstances

Motor Vehicles - to extent of $1,000

Property Held as Tenants by Entireties for debts of only one spouse

Health Aides Professionally Prescribed

Earnings of Head of Family

Since the enactment of section 222.25(4), Florida Statutes (effective July 1, 2007) there has arisen the issue of whether this section's new $4,000.00 personal property exemption (which is available to those that do not "claim or receive the benefits of a homestead exemption" under Art. X, Sec. 4 of the Florida Constitution) is in addition to the $1,000.00 personal property exemption of Art. X, Sec. 4(a)(2) or whether it includes it. The case of In re Bezares, Case No. 07-12820 (Bankr.M.D.Fla.

Under the federal bankruptcy laws, each state is allowed to choose which type of exemptions will be available to those who file for bankruptcy in its state.  Generally the choice is between allowing the use of the federal bankruptcy exemptions and the state's own bankruptcy exemptions.