Florida Bankruptcy Exemptions

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Under the federal bankruptcy laws, each state was allowed to make provision for which types of exemptions will be available - the state exemptions, the federal exemptions, or either.

The federal bankruptcy code provides that which state's exemptions apply is based on the place of your domicile during the 730 days and sometime also the 180 days prior to the filing of your bankruptcy case.

If you were domiciled in Florida for the entire 730 days, you are allowed to use the Floridaexemptions. If you were not domiciled in the Florida for the entire 730 day period,  you must use the exemptions allowed for the place you were domiciled for the 180 day period (or greatest part of the 180 day period) prior to the 730 day period.

The effect of this federal bankrupty code provision, is that one may not be allowed to claim the Florida exemptions but be required to use the exemptions of another state or the federal bankruptcy exemptions.

Jordan E. Bublick is a Miami Personal Bankruptcy Lawyer with over 25 years of experience in filing chapter 13 and chapter 7 bankruptcies. Miami Personal Bankruptcy Lawyer Jordan E. Bublick has filed over 8,000 chapter 13 and chapter 7 cases.