CopyCited 15 times | Published | United States Bankruptcy Court, S.D. Florida. | 10 Fla. L. Weekly Fed. B 139, 37 Collier Bankr. Cas. 2d 473, 1996 Bankr. LEXIS 1628
...potential claim because the Debtor had no idea as to whether he would receive any money from the claim. [2] The cash value of an asset may be claimed as part of a debtor's One Thousand Dollar ($1,000.00) personal property exemption. Florida Statute § 222.061; Florida Constitution, Article 10, § 4(a)(2); Richards v....
CopyCited 10 times | Published | United States Bankruptcy Court, S.D. Florida. | 11 Fla. L. Weekly Fed. B 75, 1997 Bankr. LEXIS 1740
...On their schedules, the Debtors claimed the following properties as exempt pursuant to Florida law: PROPERTY BASIS FOR EXEMPTION VALUE 1988 Montero FSA §
222.25(1) $ 1,000.00 1988 Pontiac LeMans FSA §
222.25(1) $ 1,000.00 Florida Power Art. 10, § 4(a)(2) & Light FSA §
222.061 $ 200.00 333 NE Spanish Art. 10, § 4(a)(1) Trail FSA §§
222.01 $645,000.00 (homestead) &
222.02 Household Art. 10 § 4(a)(2) Furnishings: FSA §
222.061 $ 3,500.00 3 Bedroom sets; dining tables and chairs; 3 sofas; T.V.; 5 lamps; stereo MFS/Sun Life of Canada FSA §
222.14 $ 24,683.91 # 65 6500 370489 MFS/Sun Life of Canada FSA §
222.14 $ 4,130.05 # 65 6500 370773 MFS/Sun Life of Canada F...
...§
222.14 $150,000.00 Account # XXXXXXXXXXXXX Prudential FSA §
222.21 $ 33,103.49 Securities Account # OWD-R01661-22 Prudential FSA §
222.21 $ 14,161.00 [1] Securities Account # OWD-R01637-22 Various Household Art. 10 § 4(a)(2) $ 30.00 Tools FSA §
222.061 Various family Art. 10 § 4(a)(2) photos FSA §
222.061 $ 0.00 Wearing Apparel Art. 10 § 4(a)(2) FSA §
222.061 $ 0.00 MBL Life Assurance FSA
222.14 $ 30,963.72* Newark, NJ # GA 10095 0001 (* listed on Sept....
CopyCited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 289, 2000 Bankr. LEXIS 893, 2000 WL 1195529
...----------------- 1992 Nissan 300ZX 54,000 Miles FSA §
222.25(1) 1,000.00 8,000.00 ----------------------------------------------------------------------------------------------------------------------- Bracelet Art. 10, § 4(a)(2), FSA 10.00 10.00 §
222.061 ----------------------------------------------------------------------------------------------------------------------- *803 ----------------------------------------------------------------------------------------------------------------------- Homestead Property Located at Art....
...10, § 4(a)(2), FSA 116,000.00 116,000.00 3465 Thalia Road, Jacksonville §
222.01,
222.02 Beach, FL ------------------------------------------------------------------------------------------------------------------------ Lady's Jewelry Art. 10, § 4(a)(2), FSA 129.00 200.00 §
222.061 ------------------------------------------------------------------------------------------------------------------------- Lady's Used Clothing Art. 10, § 4(a)(2), FSA 50.00 50.00 §
222.061 ------------------------------------------------------------------------------------------------------------------------- Man's Used Clothing Art. 10, § 4(a)(2), FSA 50.00 50.00 §
222.061 -------------------------------------------------------------------------------------------------------------------------- Miscellaneous Household Goods Art. 10, § 4(a)(2), FSA 1,741.00 1,741.00 and Furnishings §
222.061 -------------------------------------------------------------------------------------------------------------------------- Watch Art. 10, § 4(a)(2), FSA 10.00 10.00 §
222.061 --------------------------------------------------------------------------------------------------------------------------- Wedding Band Art. 10, § 4(a)(2), FSA 10.00 10.00 §
222.061 --------------------------------------------------------------------------------------------------------------------------- Patricia Boney, who the Court has qualified as an expert appraiser of tangible personal property, testified that sh...
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 23 Fla. L. Weekly Fed. B 56, 2011 Bankr. LEXIS 2426, 2011 WL 2493065
...On February 25, 2011, the Trustee filed an objection to the Debtors' claimed exemptions, ECF No. 90, challenging the value of personal property claimed exempt by the Debtors as exceeding the $1,000 allotted under Florida Constitution, Article 10, § 4 and Florida Statutes § 222.061....
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 15 Fla. L. Weekly Fed. B 261, 2002 Bankr. LEXIS 1044, 2002 WL 31118822
...It is pointless to raise the affirmative defense of discharge in bankruptcy because the Debtor would still be immune to the claim of the creditor within the $1,000 limit, and any property in value in excess of that amount would be subject to execution by the judgment lien creditor. See Fla.Stat. § 222.061, method of exempting personal property; inventory....
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 343, 2010 Bankr. LEXIS 884, 2010 WL 1260131
...However, the Debtors failed to claim any property as exempt on their Schedule C. On July 10, 2009, the Debtors filed their Amended Schedule C which included the $513.00 as exempt pursuant to Art. 10 § 4(a)(2) of the Florida Constitution and pursuant to Fla. Stat. § 222.061 (Doc....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 287, 2008 Bankr. LEXIS 932, 2008 WL 1733610
...LWT opposes the avoidance of its judicial lien and objects to the debtors' claim of exemptions making two arguments. [4] First, the creditor contends that the debtors waived their right to claim any exemption in their truck insofar as they failed to comply with Section 222.061 of the Florida Statutes within 15 days after LWT levied on the truck....
...In re Stevenson,
374 B.R. 891, 894 (Bankr.M.D.Fla. 2007). Here, LWT raises two objections to the debtor's claim of exemptions. First, LWT *296 contends that the debtor waived any right to claim an exemption in his truck by failing to following the requirements of Section
222.061 of the Florida Statutes....
...[7] The *298 debtor also may stack the $1,000 motor vehicle exemption for a total exemption amount of $6,000, barring any waiver. LWT next contends that, prior to filing their bankruptcy petition, the debtors waived their right to claim the $6,000 exemption because they failed to meet the procedural requirements set forth in Section 222.061 of the Florida Statutes, which sets forth a procedure for a debtor to assert exemptions in levied property: (1) When a levy is made ......
...et value of the property. The debtor shall designate the property listed in the schedule which he or she claims to be exempt from levy and sale. (2) The original inventory and affidavit shall be filed with the court which issued the writ. FLA. STAT. § 222.061(1) (1995): LWT contends that, because the debtors failed to comply with this procedure requiring the filing of an inventory and affidavit within 15 days of the date of the levy, the debtors waived the later right to claim the truck as exempt in bankruptcy. In support of its waiver argument, LWT offers only a bare assertion that failure to adhere to Section 222.061's procedural requirements constitutes a constructive statutory waiver, and for support, cites one case which fails to support the proposition....
...t of a known right or privilege." Blanton v. State,
978 So.2d 149 (Fla.2008). Here, no party argues that the debtor intentionally relinquished or abandoned his exemptions. Rather, LWT argues that the waiver occurred by virtue of the provision of the Section
222.061 and the debtor's acknowledged non-compliance. Although statutory provisions certainly can affect an automatic waiver, [8] LWT has failed to show that Section
222.061 qualifies as such a statutory waiver....
...LWT relies instead on the decision of the Florida Supreme Court, Johns v. May,
402 So.2d 1166 (Fla.1981), as support for the proposition that a debtor constructively *299 and permanently waives the right to claim any personal property exemption for a failure to timely meet Section
222.061(1)'s requirements....
...[debtor] can call upon the proper courts to apply the shield that the constitution guaranties to him." Id. at 768. LWT seems to attempt to distinguish McMichael without naming the case. [10] LWT could not have failed to note the significance of *300 this case, which is cited in Johns [11] as well as in the annotations to Section 222.061 [12] the two authorities cited by LWT....
...The Johns Court acknowledged its holding in McMichael by first citing that case and then refraining from holding any waiver would occur. By failing to explicitly distinguish or otherwise set apart McMichael, LWT fails to bear the burden of proving the debtors' exemption is invalid. The plain language of Section 222.061 does not provide a debtor permanently and irrevocably waives forever their right to claim an exemption in a later filed bankruptcy case by missing a procedural filing deadline after a single notice of levy. Rather, Section 222.061 provides that an untimely claim of exemption cannot stop a sheriffs sale, which is no longer a possibility after a bankruptcy case is filed. Section 222.061 specifies the procedures required to be followed to claim personal property exemptions in anticipation of a sheriffs sale of levied property but is not relevant if an intervening bankruptcy case is filed before a forced sale had occurred. Of course, if the sheriff had sold the debtor's truck before the debtors filed this bankruptcy petition, Section 222.061 would have controlled....
...Upon the filing of the bankruptcy, however, federal not state law controls, and federal law would preempt the enforcement of the procedures set forth in the state statute. For example, consider the situation where a debtor filed a bankruptcy case 10 days after a levy occurred. Would Florida Statute 222.061 require that debtor to file an inventory and affidavit with the state court within the remaining five days of the state period? The obvious answer is no, because federal bankruptcy law, not state procedural law controls, upon the filing of a bankruptcy case....
...This is consistent with long-standing policy for the bankruptcy court to construe constitutional exemptions liberally in favor of debtors and strictly against the objecting party's claim. See Stevenson,
374 B.R. at 894. The debtor's non-compliance in this case with the requirements of Section
222.061 therefore is irrelevant and does not cause the debtor to waive or forfeit his right to claim exemptions in his truck....
...3rd 1978) (interpreting same statute as Home to reach same result). [9] The creditor levied on the debtor's car on November 20, 1979. The debtor did not file the required paperwork until December 10, 1979, and was barred by Section 222.06(1) (1979) (a prior revision of Section 222.061) from raising the exemption to stop the sheriff's auction....
...titutional exemption cannot be defeated by laches.
402 So.2d at 1169. [11] Johns cites McMichael for the proposition that the constitutional exemption cannot be defeated by laches.
402 So.2d at 1169. [12] McMichael is referenced at note 10 of F.S.A. §
222.061 (1995) under the heading, "Waiver."
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 11 Fla. L. Weekly Fed. B 197, 1998 Bankr. LEXIS 77, 1998 WL 37966
...and can be summarized as follows: On April 11, 1997, the Debtor filed her Voluntary Petition for Relief under Chapter 7 of the Bankruptcy Code. In Schedule C, the Debtor claimed the Bank Accounts as exempt, based on Art. 10 § 4(a)(2) and Fla. Stat. § 222.061....
CopyCited 2 times | Published | District Court, M.D. Florida | 2011 WL 43455
...However, the Debtors failed to claim any property as exempt on their Schedule C. On July 10,2009, the Debtors filed their Amended Schedule C which included the $513.00 as exempt pursuant to Art. 10 § 4(a)(2) of the Florida Constitution and pursuant to Fla. Stat. § 222.061 (Doc....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 11131, 1997 WL 609171
...DOL claimed that Lotti received an overpayment of unemployment benefits in 1993-1994. Lotti argues that the refund qualifies for exemption as personal property pursuant to the homestead exemption provision of Article X, Section 4 of the Florida Constitution and its implementing statute, section 222.061, Florida Statutes (1995)....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2008 Bankr. LEXIS 3992, 2008 WL 5784517
...r showing the selling price and a description of the vehicle. Moreover, the Court finds that the ability to exempt an asset seized by the sheriff under a writ of execution makes it clear that the asset is still property of the estate until the sale. Section 222.061 of the Florida Statutes sets forth the method by which a debtor can exempt personal property which has been levied by a sheriff....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 21 Fla. L. Weekly Fed. B 774, 2009 Bankr. LEXIS 1338, 2009 WL 1634880
...The Debtor's schedules disclose that on the petition date, the Debtor had an interest in a bank account at Washington Mutual with a scheduled balance of $4,500.00. The Debtor claimed this amount as exempt pursuant to Fla. Stat. §
222.11(2)(c), Art. 10 § 4(a)(2), and Fla. Stat. §
222.061....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 23 Fla. L. Weekly Fed. B 95, 2011 Bankr. LEXIS 2732, 2011 WL 2899368
...F150 truck valued at $5,150.00; and (2) a 2004 Ford Mustang convertible valued at $4,125.00. The vehicles are not encumbered by any liens. On their Schedule C, the Debtors listed their household furnishings and personal effects as exempt pursuant to § 222.061 of the Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7460, 17 Fla. L. Weekly Fed. D 1687
...2 The homestead exemption has been held applicable against orders of restitution in criminal cases. Downing v. State,
593 So.2d 607 (Fla. 5th DCA 1992). No prior notice to the debtor is required before a writ of garnishment may issue. United Presidential Life Ins. Co. v. King,
361 So.2d 710 (Fla.1978). Instead, section
222.061, Florida Statutes (1991), sets forth the method by which a debtor may seek to exempt personalty subject to constitutional protection after issuance of the writ....
...of New York,
267 So.2d 18, 20 (Fla. 1st DCA), cert. denied,
271 So.2d 461 (Fla.1972). . For purposes of this provision, personal property can include cash. Richards v. Byrnes,
153 Fla. 705 ,
15 So.2d 610 (1943). . Rule 33-3.018(11) does not expressly reference section
222.061, Florida Statutes (1989), or the procedural framework of that statute....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2006 Bankr. LEXIS 1821, 2006 WL 2382518
...She claims the following personal property as exempt pursuant to the Beal Bank case and/or Florida statutory law: Market Description Exemption Value Exemption Basis -------------------------------------------------------------------------------------------------- Cash on hand $ 0.00 $ 50.00 Fl. Const Art. 10 § 4(a)(2), FSA § 222.061 Checking/Money Market: $ 200.00 $ 200.00 Beal Bank Bank of America Checking/Money Market: $ 200.00 $ 200.00 Beal Bank Citizens Bank Checking: Bank of America $10,000.00 $10,000.00 Beal Bank Checking: Bank of America $ 900.00 $ 900.00 Beal Bank Checking: Bank of America $ 150.00 $ 150.00 Fl. Const Art. 10 § 4(a)(2), FSA § 222.061 Bedroom 2 $ 500.00 $ 500.00 Beal Bank Bedroom 3 $ 450.00 $ 450.00 Beal Bank Bedroom 4 $ 400.00 $ 400.00 Beal Bank Dining Room $ 1,500.00 $ 1,500.00 Beal Bank Electronics $ 399.00 $ 399.00 Beal Bank Garage $ 2,000.00 $ 2,000.00 Beal Bank Ho...
...Beal Bank Laundry/Utility $ 1,500.00 $ 1,500.00 Beal Bank Living Room $ 3,000.00 $ 3,000.00 Beal Bank Master Bedroom $ 2,000.00 $ 2,000.00 Beal Bank Pool/Patio $ 500.00 $ 500.00 Beal Bank Clothing $ 500.00 $ 500.00 Fl. Const Art. 10 § 4(a)(2), FSA §
222.061 *793 Wedding Ring $ 335.00 $ 2,000.00 Fl. Const Art. 10 § 4(a)(2), FSA §
222.061 Bicycle; Jet Skis(2) $ 3,025.00 $ 3,025.00 Beal Bank Stocks: Prudential 1 share $ 15.00 $ 15.00 FSA §§
222.21(2),
222.201 2002 Baja Cruiser Catamaran $80,000.00 $80,000.00 Beal Bank The Beal Bank decision issued by the Florida Supreme...
...s; (ii) any joint creditor of the Debtor and Spouse could reach entireties property; and (iii) the value of the personal property exceeds the amount of the exemption allowed pursuant to Article 10 § 4(a)(2) of the Florida Constitution and Fl. Stat. § 222.061....
...ts with Bank of America as "Checking: Bank of America" and a fourth as "Checking/Money Market: Bank of America." The Debtor claims as fully exempt a "Checking: Bank of America" account valued at $150.00 pursuant to "Fl Const. Art. 10 § 4(a)(2), FSA § 222.061." The Trustee objected to the exemption on the basis the value of the Debtor's personal property exceeds the amount of the exemption allowed pursuant to Article 10 § 4(a)(2) of the Florida Constitution and Florida Statute § 222.061....
...America" are insufficient to allow one to ascertain what assets she believes are exempt from administration by the Trustee. The Debtor claims as exempt $150.00 for a "Checking: Bank of America" account pursuant to "Fl Const. Art. 10 § 4(a)(2), FSA § 222.061." The Trustee objected to the exemption on the basis the value of the Debtor's personal property exceeds the amount of the exemption allowed pursuant to Article 10 § 4(a)(2) of the Florida Constitution and Florida Statute § 222.061....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 25, 1998 Bankr. LEXIS 1112, 1998 WL 568327
...The Court reviewed the Motion, the record and heard argument of counsel and finds as follows: The Debtor, Christine M. Kelsey, filed her voluntary Petition for relief under Chapter 7 of the Bankruptcy Code on May 6, 1998. Pursuant to Article X, Section 4(a)(2) and Florida Statute § 222.061, the Debtor claimed as exempt on Schedule C, clothing valued at $30.00, miscellaneous pictures and wall hangings valued at $10.00, furniture and household goods valued at $120.00 and a class action suit against Publix up to the value of $660.00....
