filing for bankruptcy in FL, what are exempt and non exempt assets under FL bankruptcy exemption law

credit card bills: I'm a retired man of 59 and i have accumulated 70,000 dollars in credit car debt due to business loses. I have $220,000 in stocks and bonds. I've been paying high interests on all the cards on time. I would like to know what is the best way to alleviate these bills. I have a pension of $35,000 and a mortgage of $2,200 a month. Can I claim bankruptcy or another form of relief or settlement? Should I use a lawyer? - Is this your question? Add additional information
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Answers (3)

Shelly Crocker

Shelly Crocker

Contributor Level 5
Your question says that you have "stocks and bonds", and so for purposes of this answer, I am assuming that those are NOT in a retirement account, where they could be exempt. It sounds like you have non-exempt assets sufficient to pay the outstanding debts, and therefore if you are considering bankruptcy, a Chapter 13 would likely be the preferred option. In a Chapter 13, you would end up paying 100% of these debts over time. If you were to file a Chapter 7, your creditors would be paid from your assets, and you would also pay the costs of administration.
We have found that credit card companies are very reluctant to settle any account that is not seriously delinquent. Sometimes, they will reduce the interest payments, and you are always free to call them and make a settlement offer. Beware of "debt settlement" attorneys and services, since many (if not most) of them do not perform the services they promise.
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Lesley Abigail Hoenig

Lesley Abigail Hoenig

Contributor Level 7
I am not that familiar with Florida exemptions, but I don't think the exemptions will cover the stocks and bonds. With that said, yo should be able to file a chapter 13 and pay back the debt within 5 years. You need to consult a local bankruptcy attorney familiar with the bankruptcy exemptions in Florida. You should definitely use an attorney, to make sure you get it done correctly.
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Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
In Florida, equity in your homestead is exempt. The amount of the exemption depends on the length of time you have owned the property. If long enough and without any other limiting factors, it is possible for the homestead exemption to be unlimited.

Other than that, there are narrow limits to what is exempt. Normally, pension and retirement accounts are exempt. If your stocks and bonds are owned inside an IRA or 401k, those would be exempt, but if in a regular brokerage account, they would not be exempt. There is a small exemption for equity in a motor vehicle. If you lease your care or owe as much as it is worth, that is probably not a problem.

I would strongly suggest that you utilize a competent bankruptcy attorney. The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at www.naca.net where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who can help you.
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