CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 16 Fla. L. Weekly Fed. B 266, 2003 Bankr. LEXIS 1198, 2003 WL 22221205
...rement Pension earned by former husband and awarded to Debtor in a dissolution of marriage action". (Docs. 23, 24.) The bases of Debtor's claim of exemption were Article X, Section 4 of the Florida Constitution, Fla. Stat. § 222 and *644 Fla. Stat. § 122.15....
...Are Debtor's Rights Arising out of the Final Judgment Exempt? The final issue before the Court is whether Debtor's rights arising out of the Final Judgment are exempt pursuant to Article 10, Section 4 of the Florida Constitution, Fla. Stat. §
222.21(2), Fla. Stat. §
122.15 or Fla....
...§ 1002(32) (West 2003). Accordingly, §
222.21 does not apply. Section
121.131 applies to employees employed by the State of Florida on or after December 1, 1970 and employees employed prior to that date who elect to participate in the Florida Retirement System. Section
122.15 applies only to employees employed prior to December 1, 1970....
...The Court was presented with no evidence as to when Read's employment commenced. However, Read filed a Chapter 13 petition in this Court on September 17, 2001 which was assigned Case No. 01-8553-3F3. On Schedule C of his bankruptcy petition Read claimed his retirement as exempt under § 122.15. On January 7, 2002 the Court entered Order Overruling Objection to Debtor's Claim of Exemptions. (Doc. 22.) Therein, the Court concluded that the retirement benefits were exempt under § 122.15. Accordingly, for purposes of simplicity, the Court will refer only to § 122.15. Section 122.15(1) provides: Benefits exempt from taxes and execution The pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this chapter and the accumulated contributions and the cash securities in th...
...signable. Read acknowledges that Debtor may have held a right to payments arising out of the Final Judgment but argues that Debtor cannot have an interest in his State of Florida retirement plan because of the anti-alienation provisions contained in § 122.15. Read argues that § 122.15's prohibition against assignment is absolute. Read contends that Debtor cannot exempt pursuant to § 122.15 whatever rights she acquired as a result of the Final Judgment....
...Additionally, the Florida legislature has not accepted the Vizcaino court's invitation to address the issue. Respectfully disagreeing with the decision in Cason and reluctantly following the decision in Vizcaino, the Court concludes that §
61.076 does not make an exception to the prohibition against assignment set forth in §
122.15. [7] Although Debtor may have acquired a right to payments as a result of the Final Judgment, she did not acquire an interest in Read's retirement plan. Debtor is therefore unable to utilize Fla. Stat. §
122.15 to exempt whatever right or interest she acquired....
...Because he is a party in interest, Read has standing to object to Debtor's Amended Claim of Exemptions. The interest or right that Debtor acquired as a result of the Final Judgment is not exempt pursuant to Article 10, Section 4 of the Florida Constitution, Fla. Stat. §
222.21(2), Fla. Stat. §
122.15 or Fla....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2001 Bankr. LEXIS 390, 2001 WL 455580
...n Objection to a Claim of Exemption of the Debtor's interest in a Deferred Compensation Account. Diane Jensen (Trustee) challenged the exemption on the basis that the exemption is not allowable pursuant to Florida Statutes §§
222.21(2),
222.201 or
122.15....
...stated Plan Document." (Deferred Compensation Plan or Plan). This Court has considered this document along with the entire record and finds as follows. The claim of exemption of the Debtor, as noted, is based on Fla.Stat. §§
222.21(2),
222.201 and
122.15....
...This Plan under consideration certainly would not fit in any of the specifies set forth in this exemption; therefore, the claim of exemption based on this Statute equally cannot be recognized. *769 This leaves for consideration the Debtor's reliance on Fla. Stat. § 122.15 which exempts pensions, annuities or other benefits accrued or accruing to any person under the provisions of the State and County retirement system....
