CopyCited 47 times | Published | Court of Appeals for the Eleventh Circuit | 17 Employee Benefits Cas. (BNA) 2020, 1993 U.S. App. LEXIS 31333, 1993 WL 468513
...522 (b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 ( 11 U.S.C. s. 522 (d)). Nothing herein shall affect the exemptions *749 given to residents of this state by the State Constitution and the Florida Statutes. Fla.Stat. § 222.201 then opts the state back in as far as exemptions in Bankruptcy Code § 522(d)(10) are concerned: (1) Notwithstanding s....
...m a SEP to an IRA, the account is outside the regulatory scope of ERISA and, therefore, the state pension plan exemption is not subject to ERISA preemption; and (2) that the Sehleins are entitled to exemption of their SEP/IRA account under Fla.Stat. § 222.201 that allows Florida debtors to take advantage of the federal exemption for pension plans under 11 U.S.C....
CopyCited 21 times | Published | United States Bankruptcy Court, S.D. Florida. | 1989 Bankr. LEXIS 1856
...BRITTON, Chief Judge. The trustee's objection (CP 9) to the debtor's exemption of his ERISA qualified pension plan was heard on August 17 and September 7. The objection is that the exemption is claimed under an unconstitutional statute. Fla.Stat. §
222.21 and §
222.201....
...in Ark. Const. art. 9, § 2. [5] Id. at 829. Hudspeth is not binding on this court. I find the decision neither convincing nor applicable here by analogy as argued by the trustee. Partial "Opting In" The trustee's final argument addresses Fla.Stat. § 222.201, which states, in part, that the debtor: "may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of § 522 of [the bankruptcy] act." The trustee offers no support for his position...
...lation. The trustee's argument, a mere unsupported assertion that "the state legislature does not have a choice of partially opting in" (CP 27 at 2), has no merit. I find that the validly exercised power of the legislature *752 in adopting Fla.Stat. § 222.201 does not violate the law....
CopyCited 21 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 2752, 1990 WL 256462
...1199,
89 L.Ed.2d 313 (1986); In re Graham, supra,
726 F.2d at 1268; In re Goff, supra,
706 F.2d 574 (5th Cir.1983). But see contra In re Messing,
114 B.R. 541 (Bankr.E.D.Tenn.1990). Finally, it is less than clear whether this Debtor's interest in his ERISA plan could be claimed as exempt pursuant to Fla.Stat. §
222.201(1)....
...220.20, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s. 522 of that Act. Whether Florida may use Fla.Stat. § 222.201(1) to selectively opt back into the Federal exemptions scheme and make § 522(d)(10)(E) available to Florida debtors is unclear....
CopyCited 18 times | Published | United States Bankruptcy Court, M.D. Florida | 31 Collier Bankr. Cas. 2d 483, 8 Fla. L. Weekly Fed. B 101, 1994 Bankr. LEXIS 919, 1994 WL 283213
...ral exemptions listed in paragraph (d). Instead, a Florida citizen is entitled to only those exemptions allowed by state law, which exemptions are enumerated in the Florida Constitution (Article X, section IV) and the Florida Statutes (Fla.Stat.Ann. § 222.201)....
CopyCited 15 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 998, 1989 WL 67790
...After the estate is created, the debtor is permitted to claim as exempt certain property in accordance with Section 522 of the Bankruptcy Code. Florida has opted out of the federal bankruptcy exemptions listed in Section 522(d). Fla.Stat. §
222.20 and §
222.201 (1987)....
CopyCited 12 times | Published | United States Bankruptcy Court, M.D. Florida | 32 Collier Bankr. Cas. 2d 312, 1994 Bankr. LEXIS 1821, 1994 WL 560428
...361 (1977), reprinted in 1978 U.S.Code Cong. & Admin.News 5963, 6317. The Code, § 522(b), further provides that states can opt out of the federal exemption law. Florida has opted out. The Florida Constitution Art. X, § IV and Florida Statutes ( Fla.Stat.Ann. § 222.201 et seq....
CopyCited 12 times | Published | United States Bankruptcy Court, S.D. Florida. | 30 Collier Bankr. Cas. 2d 1676, 1994 Bankr. LEXIS 457
...Pursuant to Bankruptcy Code Section 522(b) and Florida Statute Section
222.20, Florida has opted out of the Federal scheme of exemptions for debtors and has provided broader exemptions to debtors who are residents of the State of Florida. See also Fla.Stat. §
222.201....
CopyCited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 176, 1995 Bankr. LEXIS 1534, 1995 WL 628055
...stitutional" (sic). On October 6th, Bankers Trust amended its Objection and challenged the claimed exemption on the additional grounds that "the Profit Sharing Plan is not a Plan eligible under the Debtor's claimed exemptions which include Fla.Stat. § 222.201; Fla.Stat....
...med to be part of this Court's consideration of the Motions For Summary Judgment. UNCONTESTED GENERAL FACTS It is stipulated that the Debtor claimed his interest in the Howard M. Harris M.D.P.A. Profit Sharing Plan (the Plan) pursuant to Fla.Stat. §§
222.201,
222.21 and 29 U.S.C....
...Florida exemption statute for "employee benefit plans" was not pre-empted by ERISA, and thus was available to Chapter 7 debtors. See, In re Schlein,
8 F.3d 745 (11th Cir. 1993). This leaves for consideration the claim of exemption based on Fla.Stat. §
222.201....
...Florida, with a majority of the States, opted-out of § 522, by enacting Fla.Stat. §
222.20 prohibiting the citizens of this Florida from claiming as exempt any property listed in Section 522(d) of the Bankruptcy Code. Notwithstanding, the Legislature enacted Fla.Stat. §
222.201 and in fact selectively opted-back to the federal exemptions authorizing the citizens of the State to exempt properties which may be exempted under Section 522(d)(10) which in pertinent part provides: (d) The following property may be exempted under Subsection (b)(1) of this section: ....
...(iii) such plan or contract does not qualify under section 401(a), 403(a), 403(b), 408, or 409 of the Internal Revenue Code of 1986. Whether States which opted-out from the federal exemptions may selectively opt-back, like Florida did with the enactment of Fla. Stat. § 222.201 is not without doubt....
...ish an "all or nothing" policy by providing for the opt-out and indirectly prohibiting the opting-back. However, it is unnecessary to rule on this question. A review of the legal requirements of § 522(d)(10)(E) reveals that, regardless of Fla.Stat. § 222.201, the Profit Sharing Plan does not qualify as exempt property for two reasons....
CopyCited 11 times | Published | United States Bankruptcy Court, S.D. Florida. | 34 Collier Bankr. Cas. 2d 717, 1995 Bankr. LEXIS 1490
...n the date of the transfer. Although the Bankruptcy Code contains exemption provisions under 11 U.S.C. § 522, the State of *782 Florida has opted out from application of the federal exemptions, pursuant to 11 U.S.C. § 522(b)(1) and Florida Statute § 222.201....
CopyCited 9 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 1887, 1990 WL 126068
...541 (Bankr.E.D.Tenn.1990). Based on the weight of authority finding that ERISA does not qualify as a separate federal exemption for purposes of § 522(b)(2)(A), this Court finds the Debtors' argument not well taken. Finally the Debtors rely on Fla. Stat. § 222.201(1), which provides: Notwithstanding s....
CopyCited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 11 Fla. L. Weekly Fed. B 87, 1997 Bankr. LEXIS 1541, 1997 WL 604480
...The State of Florida has exercised this option. FLA. STAT. ANN. §
222.20 (West 1989). Notwithstanding Florida Statute §
222.20, an individual debtor may claim as exempt any property listed in § 522(d)(10) of the Bankruptcy Code. See FLA. STAT. ANN. §
222.201 (West 1989)....
CopyCited 8 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 43, 2011 Fla. LEXIS 291, 2011 WL 320986
...522(b)), residents of this state shall not be entitled to the federal exemptions provided in s. 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. s. 522(d)). Nothing herein shall affect the exemptions given to residents of this state by the State Constitution and the Florida Statutes. But section 222.201, Florida Statutes (2007), expressly allows individual debtors to exempt "in addition to any other exemptions allowed under state law, any property listed in section (d)(10) of s....
CopyCited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 1995 Bankr. LEXIS 232, 1995 WL 87800
...The Debtor filed a petition for relief under title 7, Chapter 11 on May 7, 1994. [4] 7. On Schedule B2 the Debtor showed the Certificate of Deposit in the amount of $81,071.85. 8. On Schedule C the Debtor claimed the Certificate of Deposit as exempt Under Fla. Stat. 222.201(1), 11 U.S.C....
...uant to N.C.G.S. 97.21 is unsupported. The trustee's objection to this ground for exemption is sustained. If the settlement proceeds are to be exempt debtors must establish that the funds are exempt under Florida law. Exemption under Florida Statute 222.201(1) Debtors argue in that alternative that even if the exemption is not allowed under North Carolina law, debtors are entitled to exempt the funds in the certificate pursuant *536 to Fla.Stat. ch. 222.201. Section 222.201 provides: (1) Notwithstanding s....
...In re Schlein,
8 F.3d 745, 752 (11th Cir.1993); In re Treadwell,
699 F.2d 1050 (11th Cir.1983) (citing legislative history that indicates debtor must chose between 522(d) exemptions and state and non-bankruptcy exemptions). Thus, Congress has relied upon state law to assist in implementation of the code. Id. Florida Statute
222.201(1) is consistent with this scheme because a Florida debtor is not allowed both the bankruptcy exemptions and the state and federal non-bankruptcy exemptions, rather only those items enumerated in § (d)(10) are allowed by the state and become state exemptions by virtue of being incorporated into state law....
...hoice available to state legislature was complete opting out or opting in is without merit). [5] Thus, if debtor's worker's compensation settlement fits within the meaning of § 522(d)(10)(C) then debtors may claim it as exempt pursuant to Fla.Stat. 222.201(1). The trustee argues that even if § 522(d)(10)(C) exemptions are available under Fla.Stat. 222.201(1) the settlement does not fall within § 522(d)(10)(C) because the funds are not traceable to the settlement....
...Lawson,
387 So.2d 960, 962 (Fla.1980). Conclusion Pursuant to § 522(b) debtor is entitled to the exemptions provided by Florida law because debtor failed to establish North Carolina was his domicile for the 180 days which preceded this case. The exemption provided in Fla.Stat.
222.201(1) is not preempted by § 522(b) and debtor may exempt his right to receive a disability benefit....
...pon findings of fact and conclusions of law separately entered, it is ORDERED: 1. Trustee's objection to debtors' claim of exemption pursuant to N.C.G.S. 97-21 is sustained. 2. Trustee's objection to debtors' claim of exemption pursuant to Fla.Stat. 222.201(1) is overruled....
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
...itled to the federal exemptions listed in § 522(d). Florida citizens are entitled to only those exemptions allowed by state law, which exemptions are enumerated in the Florida Constitution (Article X, section IV) and the Florida Statutes (FLA.STAT. § 222.201)....
CopyCited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 13 Fla. L. Weekly Fed. B 332, 2000 Bankr. LEXIS 1019
...§ 522 provides that certain interests in property may be exempted by the debtor from the bankruptcy estate. While Florida has opted out of the federal exemptions in order to provide Florida debtors with state law exemptions (as authorized by Section 522), Florida Statutes § 222.201 has specifically adopted the federal exemptions provided by 11 U.S.C....
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 2072, 1990 WL 143626
...o be a federal exemption under Section 522(b)(2)(A). [4] Of course, any state law exemption envisioned for pension plans under Section 522(b)(2)(A) would fall to ERISA's preemption. A similar result is where a debtor seeks protection under Fla.Stat. § 222.201....
...That is the scheme mandated and approved by Congress. However, the State of Colorado cannot, under the guise of adopting an exemption statute, adopt a federal bankruptcy exemption for Colorado residents who file bankruptcy. (Emphasis added). Id. Fla.Stat. § 222.201 applies to both bankruptcy and nonbankruptcy debtors and therefore avoids the Colorado Statute's problem....
CopyCited 5 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 22392, 1997 WL 878306
...d REMANDED to the clerk of the Bankruptcy Court for further proceedings consistent with this Order. NOTES [1] Florida allows a debtor to claim, in addition to the available state exemptions, any property listed in 11 U.S.C. § 522(d)(10). Fla. Stat. § 222.201....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida.
...eral law there is no need for pre-emption as expressed in In re Volpe, 100 B.R. [840] at 847-848. [(Bkrtcy.W.D.Tex.1989)] 3. In addition to F.S. §
222.21, Debtors amended their petition to claim the I.R.A. and Keogh accounts exempt pursuant to F.S. §
222.201....
...Secondly, the funds in the Keogh account are exempt from the bankruptcy estate as ERISA is "other federal law" within the meaning of Bankruptcy Code Section 522(b)(2). Florida has elected to opt out of the federal bankruptcy exemptions with the exception of the provisions of Florida Statute § 222.201....
...efers exclusively to state law, much less to state spendthrift trust law.
907 F.2d at 1477-1478 (citations omitted). The Fourth District's opinion in Moore has since been followed in In re Majul,
119 B.R. 118 (W.D.Tex.1990). III F.S. §§
222.21 and
222.201 are Constitutional This Court finds that Florida Statutes §§
222.21 and
222.201 are constitutional....
...However, the Debtors renewed the obligation by signing another promissory note, Exhibit 14 of the Rule 2004 examination of Ms. Suarez, which is marked "Modification and Renewal of Line # 52019", on October 15, 1988, one year after Florida Statute §§
222.21 and
222.201 went into effect....
...mpairment of its contract is unfounded based upon a full review of the facts since the date of the debt, ultimately, *81 does not pre-date the effective date of the statute. The Courts of this district have previously ruled that F.S. §§
222.21 and
222.201 are constitutional. See In re Seilkop
107 B.R. 776 (Bkrtcy.S.D.Fla.1989) as to §
222.21 and In re Bryan
106 B.R. 749 (Bkrtcy.S.D. Fla.1989) wherein Judge Britton found that the "validly exercised power of the legislature in adopting Fla.Stat. Section
222.201 does not violate the law." Id....
...This Court is mindful of the maxim that "exemption statutes are to be liberally construed in favor of the Debtor." See In re Cilek
115 B.R. 974 (Bkrtcy.W.D.Wis.1990) and In re Fisher
63 B.R. 649, 651 (Bkrtcy. W.D.Ky.1986). CONCLUSION 1. The Debtors' Keogh and I.R.A. funds are exempt pursuant to F.S. §§
222.21,
222.201 and 522(d)(10)(E) of the Bankruptcy Code....
...Further, 3. The Debtors' interest in the I.R.A. and Keogh funds is excluded from Debtors' Bankruptcy estate as ERISA is applicable non-Bankruptcy law which excludes the debtors' pension plan from the Bankruptcy estate; and 4. Both F.S. §§
222.21 and
222.201 are constitutional....
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 10 Fla. L. Weekly Fed. B 187, 1996 Bankr. LEXIS 1717, 1996 WL 757295
...s not reflect an intention that §
222.21(2)(a) apply to IRAs; and (4) "the State of Florida may not opt out and selectively opt back in with respect to its exemption scheme." The Debtor does not contend that the funds in his IRA are exempt based on §
222.201 of the Florida Statutes (1995) which incorporates by reference § 522(d)(10)....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 1990 Bankr. LEXIS 744
...ny pension plan upon its bankruptcy. The debtor originally scheduled the property as exempt as "pension disability payments" pursuant to §
222.21, Florida Statutes but, by amendments, has claimed the annuity as exempt under §§
222.14,
222.18, and
222.201, Florida Statutes....
...e by virtue of his disability does create doubt in the Court's mind. However, given the Court's ruling with respect to §
222.14, Florida Statutes, infra, it is not necessary to decide this issue. Another statutory basis relied upon by the debtor is §
222.201, Florida Statutes, [4] which makes exempt property of the type described in 11 U.S.C....
...The debtor specifically relies upon § 522(d)(10)(E), but that section requires a showing that the property to be exempted is "reasonably necessary for the support of the debtor and any dependent of the debtor." The Court feels that, on the record before it, it cannot conclude that § 222.201 serves to exempt the annuity in question....
...hment, garnishment, or legal process in the state, in favor of any creditor or creditors of the recipient of such disability income benefits, unless such policy or contract of insurance was effected for the benefit of such creditor or creditors. [4] 222.201 Availability of federal bankruptcy exemptions....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 48 Collier Bankr. Cas. 2d 1617, 2002 Bankr. LEXIS 832, 2002 WL 1822870
...t entitled to the federal exemptions listed in § 522(d). Florida citizens are entitled to only those exemptions allowed by state law, which exemptions are enumerated in the Florida Constitution (Article X, § 4) and the Florida Statutes (Fla. Stat. § 222.201 et seq.)....
CopyCited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 98, 1995 Bankr. LEXIS 1148
...Because Enterprise is not a common creditor of both Mr. and Mrs. Winn, this is not an issue here. [5] Mr. Winn's testimony was undisputed that one of the two Commercial Bank accounts exclusively contained social security benefits. [6] Florida Statute 222.201(1) provides that an individual debtor may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of § 522 of the Bankruptcy Code....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 27 Employee Benefits Cas. (BNA) 1925, 15 Fla. L. Weekly Fed. B 84, 2002 Bankr. LEXIS 90, 2002 WL 180979
...Having concluded that the Plan is not excluded from the estate of the Debtor by virtue of Section 541(c)(2), the Debtor cannot rely on this section of the Statute to exempt his interest in the Plan. This leaves for consideration the claim of exemption based on Fla. Stat. § 222.201....
...§
222.20, prohibiting citizens of Florida from claiming as exempt any property listed in Section 522(d) of the Bankruptcy Code, however, Fla. Stat. § 220.20 specifically permits exemptions given to residents of the State of Florida by the Constitution and Florida Statutes. The Florida Legislature enacted Fla. Stat. §
222.201(1), that states "[n]otwithstanding s....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 46 Collier Bankr. Cas. 2d 581, 2000 Bankr. LEXIS 1825, 2000 WL 33255497
...t entitled to the federal exemptions listed in § 522(d). Florida citizens are entitled to only those exemptions allowed by state law, which exemptions are enumerated in the Florida Constitution (Article X, § 4) and the Florida Statutes (FLA. STAT. § 222.201 et seq....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 2605, 1990 WL 204391
...n a Glendale Federal Savings Employees' Sheltered Pay Plan (Plan) are not property of the estate or, alternatively, are exempt from administration of the bankruptcy estate pursuant to Fla.Stat. §
222.21(2)(a), 11 U.S.C. § 522(b)(2)(A) or Fla.Stat. §
222.201(1) and 11 U.S.C....
...he Plan as exempt and noted that the value of Mrs. Morrow's interest in the Plan is $21,000.00. On the Amended B-4 Schedules, the Debtors noted that the Plan was being claimed as exempt pursuant to "29 U.S.C. 1056(d), 11 U.S.C. 522(d)(10), Fla.Stat. 222.201, Fla.Stat....
...Contra In re Messing,
114 B.R. 541 (Bankr.E.D.Tenn. 1990). Based on the weight of authority, this Court is satisfied that ERISA does not qualify as a separate federal exemption for purposes of 11 U.S.C. § 522(b)(2)(A). Next, the Debtors rely on Fla.Stat. §
222.201(1) which provides notwithstanding §
222.20, an individual debtor under the Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s....
...extent and made 11 U.S.C. § 522(d)(10) available to Florida debtors, the Plan is *156 exempt under § 522(d)(10)(E) and not subject to administration by the Trustee. Even assuming without admitting that Florida, through the enactment of Fla. Stat. § 222.201(1), may selectively opt back in to the federal exemption scheme provided by § 522(d) of the Bankruptcy Code, which is a question not without serious doubt, this Court is satisfied that Mrs....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 2606, 1990 WL 204366
...But see contra In re Messing,
114 B.R. 541 (Bankr.E.D.Tenn. 1990). Based on the weight of authority, this Court is satisfied that ERISA does not qualify as a separate federal exemption for purposes of 11 U.S.C. § 522(b)(2)(A). 11 U.S.C. § 522(d)(10)(E) and Fla.Stat. §
222.201(1) Finally, Mr. Atzkatz and Mrs. Oxner rely on Fla.Stat. §
222.201(1), which provides: Notwithstanding s....
...nt and made 11 U.S.C. § 522(d)(10) available to Florida debtors, their ERISA plans are exempt under § 522(d)(10)(E) and not subject to administration by the Trustee. Even assuming without admitting that Florida, through the enactment of Fla. Stat. § 222.201(1), may selectively opt back in to the federal exemption scheme provided by § 522(d) of the Bankruptcy Code, which is a question not without serious doubt, there is nothing in this record to establish that the Debtors' rights to payments...
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 530, 1989 WL 34598
....00 per week as "unemployment compensation or benefits payable under a pension plan of Tropicana Products on account of the Debtor's age and length of service." It also indicates that the Debtors claim these payments as exempt pursuant to Fla. Stat. § 222.201 and 11 U.S.C....
...which exempts wages due to the head of a family residing in Florida for personal labor or services of such person. The Debtor relies on §
222.11 of the Florida Statutes and § 522(d)(10)(E) of the Bankruptcy Code for its alternative basis for its claim of exemption.
222.201 Availability of federal bankruptcy exemptions (1) Notwithstanding § 220.10, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of § 522 of that Act....
...It is equally clear that he was never called upon to act as a consultant, nor did he ever do any consulting on behalf of Tropicana. Therefore, this Court is satisfied that the Debtors' claim of exemption on the basis of wages and the relevant Florida Statute must fail. Turning attention to § 222.201 Fla....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 10 Fla. L. Weekly Fed. B 207, 1997 Bankr. LEXIS 82
...Accordingly, any recovery under either Count I or Count II would not be exempt property of the estate. Therefore, the remaining issue before this Court is whether any award resulting from Count III of the Lawsuit, Maintenance and Cure, is exempt property of the estate. B. FLORIDA STATUTE § 222.201 & 11 U.S.C....
...ed on the ship. Cure is the right to necessary medical services. The entire expense is borne by the shipowner. The Debtor contends that any award designated as Maintenance and Cure is exempt under section 522(d)(10) of the Bankruptcy Code. Fla.Stat. 222.201 (1996)....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 10 Fla. L. Weekly Fed. B 110, 1995 Bankr. LEXIS 2099, 1995 WL 877514
...At the time of filing, the Debtor had approximately $10,000.00 in the Nations Bank account which she claimed as exempt pursuant to 42 U.S.C. § 407. The Trustee filed an objection. At the hearing, the Debtor also claimed that the funds were exempt under section 222.201(1) of the Florida Statutes....
...Florida has opted out of the exemptions provided in § 522(d). Fla. Stat.Ann. §
222.20 (West 1989). Thus, Florida permits debtors to select only state and nonbankruptcy exemptions. In re Green,
178 B.R. 533 (Bankr.M.D.Fla.1995). However, pursuant to section
222.201 of the Florida Statutes, an individual debtor may also exempt any property listed in 11 U.S.C. § 522(d)(10). Fla.Stat.Ann. §
222.201 (West 1989)....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 2794, 1990 WL 209377
...result that the law and reason require. C Rosenquist contends that there are three other grounds upon which he may rely in exempting his interest in the Harris Plan. The first is that Section 522(d)(10)(E) of the Bankruptcy Code, made applicable by Section 222.201, Florida Statutes 1989, permits the exemption of the Harris Plan to the extent reasonably necessary for the support of the debtor and his dependents....
...." Thus, Florida opted out of the exemptions provided by Section 522(d) of the Bankruptcy Code, and Florida resident debtors are limited to the exemptions provided by state law and federal law other than in subsection (d). 11 U.S.C. § 522(b)(1) and (2). In 1987, the Florida Legislature enacted what is now Section 222.201, Florida Statutes 1989, which provides that: (1) Notwithstanding s....
...ayment under a pension and profit sharing plan to the extent reasonably necessary for the support of the debtor and any dependent of the debtor if the plan qualifies under Section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a). Clearly, if Section
222.201 is determined to be a state law that permits Florida residents to exempt their ERISA plans, that statute is preempted by ERISA just as Section
222.21 is preempted as discussed above. Rosenquist argues, however, that instead of providing another state exemption, Section
222.201 amends or supersedes in part Section
222.20 to permit Florida residents to avail themselves of the federal exemptions provided by Section 522(d)(10)....
...While the debtor does not articulate his theory, he appears to urge the view that, although Florida initially opted out of the federal bankruptcy exemption scheme set forth in Section 522(d) of the Bankruptcy Code by virtue of Section
222.20, the Legislature later decided by enacting Section
222.201 to opt back in to the federal exemption scheme on a partial basis....
...tor could elect either the state and non-Section 522(d) federal exemptions as authorized by subparagraph (2) of Section 522(b) or only the few federal exemptions described in Section 522(d)(10) as authorized by subparagraph (1) of Section 522(b) and Section 222.201 but not the other federal exemptions provided in the other subparagraphs of Section 522(d). This result follows, of course, because Section 222.201 refers only to subparagraph 10 of Section 522(d) and not to the section generally or to its ten other subsections, each of which contains other federal exemptions....
...This is clearly not the result intended by the debtor because he has in fact claimed the Florida homestead exemption and other exemptions provided by Florida law. *784 In any event, the debtor's interpretation must be rejected as contrary to the clear language of Section 222.201. The legislative intent was plainly not to provide Florida residents the option of electing either subparagraph (b)(1), albeit to a limited extent, or subparagraph (b)(2) of Section 522. Section 222.201 provides that a debtor may exempt, " in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of s....
...A state statute that purports to permit a debtor to choose a combination of the two would be in direct contravention of the Bankruptcy Code and therefore ineffective. See In re Gardner, ___ Bankr. ___, ___, 4 F.L.W.Fed. B283, B285 (Bankr.M.D.Fla. Oct. 5, 1990). The only construction that would give effect to Section 222.201 is that it is a state statute providing certain state law exemptions to debtors who are Florida residents....
...to, and incorporates by reference, a list of property that is set forth at length in Section 522(d)(10) of the Bankruptcy Code, only one of which involves ERISA plans. As previously noted, however, as a state statute providing a state law exemption, Section 222.201 relates to ERISA employee benefit plans and is therefore preempted by 29 U.S.C....
...state court. See Mackey, supra,
486 U.S. at 835,
108 S.Ct. at 2188. Finally, Rosenquist also argues that his interest in the Harris Plan is exempt as wages pursuant to Section
222.11, Florida Statutes 1989, despite the fact that Sections
222.21 and
222.201 have been preempted by ERISA, as the court has now held....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 2001 Bankr. LEXIS 390, 2001 WL 455580
...ebtor) is an 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....
...mployees, Restated 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....
...See Article VII, Section 7.04 of the Deferred Compensation Plan provided by Debtor, and Article X, Section 10.07 of same. Thus, it is evident that the reliance to support the claim of exemption under Fla.Stat.
222.21(2) is misplaced. The Debtor's reliance on Fla.Stat.
222.201 is equally misplaced. Section
222.201 provides that notwithstanding the fact that Florida opted out from the federal exemptions, citizens of Florida are entitled to claim a special federal exemption set forth in § 522(d)(10) of the Bankruptcy Code....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida.
...The debtor, on the other hand, contends that the pension is either excluded from the bankruptcy estate pursuant to the dictates of the Supreme Court's decision in Patterson v. Shumate,
504 U.S. 753,
112 S.Ct. 2242,
119 L.Ed.2d 519 (1992), or is properly claimed as exempt under Fla. Stat. §§
222.21(2) and
222.201....
...nt is not satisfied, a plan is not `ERISA-qualified.'" [emphasis in original]). The Court might be able to stop *509 the analysis at this point were it not for the debtor's claim that the plan is nonetheless exempt under Fla.Stat. §§
222.21(2) and
222.201. These sections require consideration of the plan's tax status. Therefore, the Court must examine whether the plan satisfies the qualification requirements of the tax laws and the relevant Florida exemption statutes. Fla.Stat. §
222.201 incorporates by reference the provisions of 11 U.S.C....
...etirement or profit sharing plan that is qualified under § 401(a), § 403(b), § 408, or § 409 of the Internal Revenue Code of 1986, as amended, is exempt from all claims of creditors of the beneficiary or participant. This section, like Fla.Stat. § 222.201, requires the determination of the plan's tax qualification....
...The post-petition attempt to cure the plan deficiencies under the tax laws cannot alter that simple fact. With that in mind, the plan does not qualify under § 401(a) of the Internal Revenue Code. [14] It is therefore not exempt under either Fla.Stat. §
222.21(2) or §
222.201....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1991 Bankr. LEXIS 45, 1991 WL 4355
...Florida Statutes, Chapter 222 [sic]. Knowles values her interest in the Plan at $12,174.30. The Debtor also claims that the Plan qualifies as a spendthrift trust and that it is not property of the estate pursuant to 11 U.S.C. § 541(c)(2), Fla.Stat. § 222.201, and Fla.Stat....
...Bankruptcy Code on July 24, 1990, Case No. 90-7217. On her B-4 Schedule, Johnson claimed her interest in an employee profit sharing Plan with Fuller and Lane, M.D., P.A., (Fuller and Lane) as exempt pursuant to Florida Statutes §
222.14, §
222.18, §
222.201, §
222.21; 29 U.S.C....
...But see contra In re Messing,
114 B.R. 541 (Bankr.E.D.Tenn.1990). Based on the controlling authority in this Circuit, this Court is satisfied that ERISA does not qualify as a separate federal exemption for purposes of 11 U.S.C. § 522(b)(2)(A). 11 U.S.C. § 522(d)(10)(E) and Fla.Stat. §
222.201(1) The Debtor Knowles and Johnson also rely on Fla.Stat. §
222.201(1) in seeking to have their interest in the Plans exempted from the reach of creditors....
...34 and made 11 U.S.C. § 522(d)(10) available to Florida debtors, their ERISA plans are exempt under § 522(d)(10)(E) and not subject to administration by the Trustee. Even assuming without admitting that Florida, through the enactment of Fla. Stat. § 222.201(1), may selectively opt back into the federal exemption scheme provided by § 522(d) of the Bankruptcy Code, which is a proposition with serious doubt, there is nothing in this record to establish that the Debtors' rights to payments under...
CopyPublished | United States Bankruptcy Court, M.D. Florida | 29 Collier Bankr. Cas. 2d 1630, 27 Fed. R. Serv. 3d 1516, 7 Fla. L. Weekly Fed. B 279, 1993 Bankr. LEXIS 1523, 1993 WL 418393
Bankruptcy Code made applicable by Florida Statutes §
222.201. On April 13, 1993, the Trustee filed an Objection
CopyPublished | United States Bankruptcy Court, S.D. Florida.
pursuant to Section 522(d) ; notwithstanding, F.S. §
222.201 provides an exception to that general rule, whereby
CopyPublished | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 672, 2009 Bankr. LEXIS 505, 2009 WL 749031
...lender. Unlike the question presented to this Court, the matter in Suarez, not only dealt with Fla. Stat: §
222.21, but also dealt with the issue of the debtors amending their petition to claim the I.R.A. and Keogh accounts exempt under Fla. Stat. §
222.201, which makes the property exempt pursuant to 11 U.S.C....
CopyPublished | United States Bankruptcy Court, N.D. Florida | 14 Fla. L. Weekly Fed. B 200, 45 Collier Bankr. Cas. 2d 1183, 2001 Bankr. LEXIS 159, 37 Bankr. Ct. Dec. (CRR) 115, 2001 WL 173516
...States may opt out of the exemption schedule of the Code, and limit a debtor's rights to those permitted under the state's exemption plan. 11 U.S.C. § 522(b). Florida Statute §
222.20 opts out of the Code's exemption scheme described in 11 U.S.C. § 522(d), favoring the state law exemption schedule. However, F.S. §
222.201 permits debtors to claim the exemptions listed in 11 U.S.C....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 16 Fla. L. Weekly Fed. B 121, 2003 Bankr. LEXIS 536, 2003 WL 21289974
...on account of illness, disability, death, age, or length of service to the extent reasonable and necessary for the support of a debtor and any dependent of a Debtor. Although Florida is an "opt-out" state, the Florida legislature through Fla. Stat. § 222.201 specifically opts the state back in with respect to exemptions pursuant to Section 552(d)(10) of the Code....
