THE STATUS OF YOUR PENSION OR RETIREMENT PLANS WHEN FILING FOR BANKRUPTCY IN FLORIDA
Generally speaking, your pensions and/or retirement plans are completely protected when filing for bankruptcy in Florida. The laws which protect them and make them “exempt” (so that they cannot be sold off and the money used to repay your creditors) are generally Fla. Stat. Ann. § 222.21(2) and 11 U.S.C. §522. While the actual text of these laws is included at the end of this blog, they basically state that the following are all 100% exempt: ERISA qualified (i.e. meeting the
Can I keep my home if I file for bankruptcy?
Generally speaking … yes! The reason why most folks can keep their home when filing for bankruptcy in Florida is due to the very liberal “homestead exemption” that is afforded to debtors in Florida. Bankruptcy exemptions enable debtors to declare different types of property as “exempt” (or protected) so that after you file your bankruptcy case, the bankruptcy trustee (who gets assigned to your case by the Court) could not look to sell the property in an effort to get in money