Serving Lake County, Florida and the Surrounding Areas

This list of exemptions updated December 2009. All law references are to Florida Statutes unless otherwise noted. Federal bankruptcy exemptions are not available in Florida.

Homestead

222.01 - Real or personal property, including mobile or modular home and condominium, to unlimited value. Property cannot exceed: 1/2 acre in a municipality, or 160 acres elsewhere. Spouse or child of deceased owner may claim exemption. (Also refer to Florida Constitution, as "Fla. Const. 10-4."). May file homestead declaration. Also, tenancies by the entireties in real property are exempt as to debts of one spouse [In re Avins, 19 B.R. 736 (S.D.FIa: 1982)].

Personal Property

222.22 - Prepaid hurricane savings accounts, prepaid medical savings account deposits, and prepaid college education trust deposits.

222.25 - Motor vehicle up to $1,000; prescribed health aids; federal income tax credits or refunds.

497.56 - Pre-need funeral contract deposits.

Other - Any personal property up to $1,000 total. (Refer to as "Florida Constitution 10-4") - Subject to doubling.

Wages

222.11 - For head of family, 100% of earnings up to $500 a week; Applies to either unpaid or paid wages, or wages deposited in a bank account for up to 6 months.

222.21 - Federal government employees' pension payments that are needed for support and were received up to 3 months prior to the bankruptcy.

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts. Traditional IRAs and Roth IRAs up to $1,095,000 per person.

121.131 - State officers and employees.

122.15 - County officers and employees.

175.241 - Firefighters.

185.25 - Police officers.

222.21 - ERISA - qualified benefits, IRAs and Roth IRAs.

238.15 - Teachers.

Public Benefits

222.201 - Public assistance, unemployment compensation, Veterans' benefits, and social security.

440.22 - Workers' compensation.

960.14 - Crime victims' compensation unless seeking to discharge debt for treatment of crime related injury.

Alimony and Child Support

222.201 - Alimony and child support needed for support.

Insurance

222.13 - Death benefits payable to a specific beneficiary.

222.14 - Annuity contract proceeds excluding lottery winnings; life insurance cash surrender value.

222.18 - Disability or illness benefits.

632.619 - Fraternal benefit society benefits.

Misc.

769.05 - Damages to employees for injuries incurred in hazardous occupations.

Other - Add any applicable Federal Nonbankruptcy Exemptions