Articles from Miami Bankruptcy Law Blog

Totten Trusts in Florida

In a Totten trust bank account a person deposits his money into an account in his own name as trustee for another.  A Totten trust account is also known as a "payable upon death" account. The Totten trust doctrine has been accepted in Florida.

Florida Bankruptcy Exemptions

Real Property

Homestead - unlimited in value, l/2 acre in municipality, 160 acres outside municipality, Art. X, Section 4, Florida Constitution

Personal Property 

Florida Bankruptcy Exemptions

Real Property

Homestead - unlimited in value, l/2 acre in municipality, 160 acres outside municipality, Art. X, Section 4, Florida Constitution

Personal Property 

Generally - to extent of $1,000, Art. X, Section 4, Florida Constitution and a further $4,000 in certain circumstances

Motor Vehicles - to extent of $1,000

Property Held as Tenants by Entireties for debts of only one spouse

Health Aides Professionally Prescribed

Earnings of Head of Family

Proceeds of Life Insurance on Florida Resident

Annuity Contract Purchased to Effecuate Structured Settlement Held Exempt

Bankruptcy Lawyer - Chapter 13 Bankruptcy Lawyer Jordan E. Bublick has an office in Miami and has over 25 years of experience in filing chapter 13 and chapter 7 bankruptcy cases. His office is located in Miami at 1221 Brickell Ave., 9th Fl., Miami and may be reached at (305) 891-4055. www.bublicklaw.com  

Florida Spendthrift Trusts

Florida common law and statutes recognize the validity of spendthrift trusts.

Florida Bankruptcy Exemptions

Under the federal bankruptcy laws, each state is allowed to choose which type of exemptions will be available to those who file for bankruptcy in its state.  Generally the choice is between allowing the use of the federal bankruptcy exemptions and the state's own bankruptcy exemptions.

Tenants by Entireties Exemption in Florida

The Bankruptcy Code provides in section 522(b)(3)(B) in general for the exemption of property held as a tenant by the entirety or joint tenant to the extent that it is exempt from process under state law.Tenancy by the entireties is certain property held between a husband and a wife.

Long-Term Leasehold Interest as Homestead

In a case decided by a Florida Court of Appeals in 2012, the issue presented was whether a person's long-term leasehold interest in his condominium could qualify as a "homestead" exempt from forced sale under article X, section 4 of the Florida Constitution.

Timetimeble of a Chapter 13 Bankruptcy Case

Filing of the Case - Automatic Stay Upon the filing of your bankruptcy case, you are immediately protected from most c

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