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Florida Bankruptcy Exemptions

Exempt Property is What You Get to Keep in a Chapter 7

The property you are permitted to keep in a Chapter 7 is called your "exempt" property. Federal bankruptcy law allows each state to use either the Federal List of Exemptions or use that state's own list. Florida, like 37 other states, has elected to use its own exemption laws ("opting out" of the federal scheme). As a result, the list of exemptions available in Florida is different from those of every other state. To qualify for Florida exemptions, you must have lived in Florida continuously for at least 24 months before your bankruptcy is filed. This is not a complete list of exemptions available to Floridians, but it's close.

  • $1,000 Personal property
  • $4,000 Personal property if you don't exempt any land as homestead.
  • $1,000 Motor vehicle
  • 401(k) plan
  • 403(b) plan
  • Alimony (necessary)
  • Annuities
  • Annuities, Military
  • Cash surrender value of life insurance policies
  • Crime victims compensation
  • Deferred compensation program, State Employees
  • Disability benefits
  • Disability income
  • Entireties Property
  • Fraternal benefit society benefits
  • Florida Retirement System
  • Hazardous occupations, damages for injuries
  • Health aids, professionally prescribed
  • Health savings account
  • Homestead (house or mobile home you live in + limited land) or (Mobile home you live in, no land) No dollar limit!!
  • Hurricane savings account (twice the deductible of hurricane or flood insurance policy)
  • Illness benefits
  • IRA
  • Local public assistance benefit
  • Payment on account of illness, disability, death, age, or length of service (necessary)
  • Pension payment, non-specific (necessary)
  • Pension, Firefighters
  • Pension, Highway Patrol
  • Pensions, federal, last 3 months (necessary)
  • Pension, Railroad
  • Pre-paid college fund
  • Profit-sharing payment (necessary)
  • Retirement and benefits, Police officers
  • Retirement benefits, State and County Employees
  • Retirement, Teachers
  • Retirement, Civil Service
  • Separate maintenance (necessary)
  • Social Security benefits
  • Stock bonus retirement (necessary)
  • Support (necessary)
  • Unemployment benefits
  • Unemployment compensation
  • Unemployment compensation
  • Veteran's benefits
  • Wages, Head of family
  • Wages, Seamen and Masters
  • Worker's compensation
  • Wages, Seamen and Masters
  • Worker's compensation

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