222.20

Nonavailability of federal bankruptcy exemptions.

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222.20 Nonavailability of federal bankruptcy exemptions.—In accordance with the provision of s. 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. s. 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.

History.—s. 1, ch. 79-363.

Notes of Decisions

Cited in 140 cases (3 in the last 5 years), 1980–2025 · leading case: Owen v. Owen

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Owen v. Owen (1991) scotus · cites it 2× “" Since Florida has chosen to opt out of the listed federal exemptions, see Fla. Stat. § 222.20 (1989), the only subsection (b) exemption at issue is the Florida homestead exemption described above.”

In Re Rasmussen (2006) flmb · cites it 3× “” Fla. Stat. Ann. § 222.20 (West 2006). This is commonly referred to as the “opt-out” provision.”

Osborne v. Dumoulin (2011) fla · cites it 3× “Florida has done so in section 222.20, Florida Statutes. 3 Accordingly, when a Florida resident files for bankruptcy, Florida law determines which *584 property the debtor may exempt from the bankruptcy estate and administration by the trustee.”

In Re Wayrynen (2005) flsb · cites it 3× “Virtually all states, including Florida, have chosen to “opt out” of the Federal scheme of exemptions as manifest by Florida Statutes § 222.20. Override of Florida Exemptions by Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 The Bankruptcy Abuse Prevention and…”

Owen v. Owen (In Re Owen) (1988) flmd · cites it 2× “The petitioner claimed real property known as Unit 304, Embassy House, located in Sarasota County, Florida, as exempt property in the B-4 schedule, pursuant to Article 10, Section 4 of the Florida Constitution and Section 222.20, Florida Statutes, exempting homestead property.”

In Re Underwood (2006) flnb · cites it 2× “at 302 (emphasis in original), quoting Fla. Stat. § 222.20 . Thus, this Court held that the debtor, who was ineligible for any state law exemptions, was eligible to claim the federal exemptions, because no applicable state law prohibited him from claiming such, and because…”

In Re Martinez (1989) flsb · cites it 3× “Under Fla.Stat. § 222.20 residents of the state of Florida “shall not be entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code.”

In re Kelsey (2012) flmb · cites it 4× “See Fla. Stat. § 222.20 ; 2 Colo.Rev.Stat. § 13-54-107.”

In re Mendoza (2019) flsb · cites it 3× “Fla. Stat. § 222.20 ." Objection at p.3, para.”

Hadley v. Koehler (In Re Koehler) (1980) flmb · cites it 2× “Florida did so by enacting F.S. § 222.20 (1979), thus, debtors in this State cannot claim exemptions under § 522(d) of the Bankruptcy Code, and right to exemptions of debtors in this State is limited to exemptions available under the local laws.”

In Re Kaplan (2005) flsb · cites it 2× “See Fla. Stat. § 222.20 (Florida residents may not utilize federal exemptions).”

Keith A. Yerian v. Richard B. Webber II (2019) ca11 “See Fla. Stat. § 222.20 ; In re Valone , 784 F.”

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