Is there exemptions under bankruptcy in Florida to protect your semi truck that you use for work?

Asked about 2 years ago - Miami, FL

I know so far there is $1,000 personal property, $5,000 if no home and wild card. is there anything for equipment for work? I am a truck driver . I have my personal car that I want to put under the payment plan and I have my semi truck that I own outright but I cant afford to let them sell it, that the way I make a living & I couldnt replace it no time soon. I actually was loaned the money by family to buy it. (Private personal loan/cash)

Attorney answers (5)

  1. Richard Allan Heller

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Unfortunately, there are no exemptions in Florida for tools of trade, or a motor vehicle for work, beyond the $1,000.00 motor vehicle exemption under Florida Statute 222.25(1). If the vehicle is owned by a corporation, or LLC that is controlled by you, the trustee would need to take the stock of the business and may look twice to be sure that there are not any liabilities that would make taking the semi unattractive. However, if it is simply in your name, it is fair game for the trustee.

    The response given is general in nature and based upon limited information. It does not and cannot replace that... more
  2. Jonathan Benson Alper

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . The short answer is "No." Florida does not have an exemption allocated to work vehicles. It does not matter how much you depend upon a car to work or to get to work. If your family had a lien on your title when they made the loan, that lien would protect the vehicle. Don't try to put the lien on now- it won't work in bankruptcy. But, if you recorded the vehicle lien when they loaned you the money the work vehicle may be protected (depending on value etc).

    You should not rely upon this answer as legal advice or a legal opinion, and this answer does not create between... more
  3. Brent Allan Rose

    Contributor Level 20

    Answered . Florida doesn't have a "tools of trade" exemption like some states. You should speak with a bankruptcy attorney to see if there is a way to protect the truck.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  4. Elias Leonard Dsouza

    Contributor Level 10

    Answered . Unfortunately in Florida the exemption amount on a vehicle is $1000. However, if you are eligible to take a wild card exemption [if you do not have a homestead] you may use all of the $4000 that is available to you towards your vehicle. I have done that many times in the Southern District of Florida.

  5. Stuart M Nachbar

    Pro

    Contributor Level 16

    Answered . No tools of trade exemption in Florida. Please speak with a qualified bankruptcy in your area to see what other exemptions can be used.

    The previous information is solely for informational purposes only. If you have further questions, please contact... more

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