Florida Homestead Exemption in Bankruptcy

The Florida homestead exemption is different in  bankruptcy. While these numbers can change, under current bankruptcy law, the Florida homestead exemption is available in bankruptcy up to $146,450 unless debtors occupy their current Florida homestead property and previous Florida homestead properties for a continuous 40-month period. Joint bankruptcy debtors can protect $292,900 of a jointly-owned homestead.

Also, a debtor’s transfer of cash into his homestead within 10 years of filing bankruptcy that is intended to defraud creditors may be challenged by the bankruptcy trustee if the transfer was intended to defraud creditors. Bankruptcy law has no effect upon Florida’s unlimited homestead exemption in state court proceedings.

Leave a Reply

Your email address will not be published. Required fields are marked *