Q: Can I protect my retirement income?

Q: Can I protect my retirement income? In a Florida bankruptcy, the answer is a resounding YES! Social Security is 100% protected in bankruptcy (Fla. Stat. Ann. 222.201 and 11 U.S.C. 522(d)(10)(A)). Retirement benefits of teachers (Fla. Stat. Ann. 238.15), public employees ((Fla. Stat. Ann. 121.131, 121.055(6)(e)), county and state officers and...

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Q: Can I protect my business in bankruptcy?

Q: Can I protect my business in bankruptcy? Similar to sentiment expressed for the family car, we often hear, “how could the bankruptcy trustee sell my business? How will I earn a living?” Although the noble principles of bankruptcy stand for the proposition of giving people a fresh start or a second chance, never lose

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Q: Can I protect my wages in bankruptcy?

Q: Can I protect my wages in bankruptcy? Florida has wage exemption statutes located at Fla. Stat. Ann. 222.11(2) that will protect six months of traceable wages for head of household employees. The bankruptcy court takes a narrow view of the Florida statute that seemingly protects all earnings whether denominated as “wages, salary...

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Q: Can I protect my car(s) in bankruptcy?

Q: Can I protect my car(s) in bankruptcy? Leased Vehicles. A little clarity is in order. If you are leasing your vehicle(s), you have nothing to worry about. You can continue to lease the vehicles by entering into a “lease assumption” agreement with your lender with relative informality. Once “assumed” the lease will...

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Q: Can I protect my house in bankruptcy?

Q: Can I protect my house in bankruptcy? The Florida Constitutional Homestead Exemption. One of the most valuable Florida bankruptcy “exemptions” (i.e., laws that protect your property from creditors including a bankruptcy trustee) is the “homestead” exemption. This is a little different from the homestead that you file...

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Q: What are exemptions?

What are exemptions? Laws that protect your real and personal property in a Florida bankruptcy are called “exemptions” and actually rely on the State of Florida’s own property exemptions rather than federal exemptions. These state exemptions will even protect your property outside of bankruptcy if you decide not to file a...

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Disclaimer: The Law Offices of Michael E. Zapin is a debt relief agency and we help our clients file for bankruptcy relief.

The materials and discussions on this website are for informational purposes only and not intended to be legal advice to you. Most of the information on this website is based on Florida law. Laws are not static, they are fluid. Legislatures periodically change dollar values in laws relevant to bankruptcy. Though we strive to remain current on the law, always check primary sources for the most recent values or developments.  Laws in your home state may vary. Contact a competent local professional for actual legal advice or ask us for a referral.