Florida/Georgia Personal Injury & Workers Compensation

...those provided by state law and also “any property that is exempt under Federal law, other than subsection (d) of this section.... ” § 522(b)(2)(A). Florida law, however, eliminates the federal exemptions option of § 522(d). See Fla.Stat.Ann. § 222.20 (West Supp.1984)....

...e Internal Revenue Code of 1986 (26 U.S.C. 401(a), 403(a), 403(b), 408, or 409). 11 U.S.C. § 522 (d)(10)(E). Florida law provides for an “opt out/opt in” scheme for its debtors who file for protection under the Bankruptcy Code. First, Fla.Stat. § 222.20 establishes the general nonavailability of the federal bankruptcy exemptions under 11 U.S.C....

...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. 222.20, 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....

...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....

...t, and a residency limitation. The issue in this case involves the acreage limitation. The Florida Constitution provides exemption protection to real 9 11 U.S.C. § 541. 10 11 U.S.C. § 522(b); Fla.Stat. § 222.20. 11 Fla....

...Appellant, a single man, filed a Chapter 7 bankruptcy petition on or about January 13, 1986. 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....

...The choice of federal exemptions under section 522(d) is not available to debtors in states where "State law . . . specifically does not so authorize." Florida law provides that Florida residents "shall not be entitled to federal exemptions in § 522(d) . . ." Fla. Stat. Ann. § 222.20 (West 2006)....

...This Court is in full agreement with the analysis contained in the Florida decisions dealing with this issue and concludes that subsection 522(p) applies in Florida, notwithstanding the fact that, in Florida, an individual has no right to elect between federal and state exemptions by virtue of Florida Statutes section 222.20....

...1926); In re Adlman, 541 F.2d 999 (2nd Cir. 1976); Beall v. Pinckney, 150 F.2d 467 (5th Cir. 1945); Love v. Menick, 341 F.2d 680 (9th Cir. 1965). [2] In re Nerome, 1 B.R. 658 (Bkrtcy.S.D.N.Y. 1979) and In re Simmons, 9 B.R. 62 (Bkrtcy.S. D.Fla.1981). [3] Florida Statutes § 222.20.

...7 Accordingly, the order of the district court is reversed and the case is remanded to the district court for further proceedings consistent with this opinion. REVERSED and REMANDED. 1 . Florida has opted out of the exemptions available under 11 U.S.C. § 522 (b). See Fla.Stat. Ann. § 222.20 (West Supp.1981)....

...6 of the Bankruptcy Act of 1898. Under the Code, Debtors may take advantage of new federal exemptions created by § 522(d) of the Bankruptcy Code unless the State law that is applicable to the debtor specifically does not authorize § 522(a)(1). 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....

...nkruptcy petition. It is clear that prior to the petition the lien was validly attached to the property. Under Florida law, constitutional homestead property is exempt from the claims of creditors not secured by a lien on the property. See Fla.Stat. § 222.20; Fla....

...ere a state has opted out of the federal exemption scheme. Florida has opted out of the federal bankruptcy exemption scheme, and a debtor filing for bankruptcy protection in Florida is limited to the use of Florida's state law exemptions. Fla. Stat. Section 222.20 (1988)....

...Section 522(d) creates the federal exemption scheme and provides that states may opt out of the federal scheme and utilize state exemptions. Florida has opted out of the federal scheme, thus debtor's exemptions are controlled by state law. FLA.STAT. 222.20....

...1188, 1196 (2014). The bankruptcy code provides a list of federal exemptions, but also permits a state to opt out and replace the federal blueprint with an exemption scheme of its own. 11 U.S.C. § 522(b). Florida, as an opt-out state, has accepted that invitation to substitute its own set of exemptions. See Fla. Stat. § 222.20; In re Valone, 784 F.3d 1398, 1400 n.1 (11th Cir....

...NOTES [1] All further statutory references are to the Bankruptcy Code unless otherwise stated. [2] The date of all Florida Statutes cited is 1981 unless otherwise stated. [3] Because the State of Florida rejected the bankruptcy exemptions found at § 522(d) pursuant to § 522(b)(1), see § 222.20, Fla.Stat., Florida debtors are only entitled to exempt property as provided by § 522(b)(2)....

...Exemptions under bankruptcy law are determined by reference to intertwining provisions of the bankruptcy code and state law. Section 522(b)(1) allows a state by affirmative legislative action to disallow the federal exemptions enumerated in § 522(d) and opt out which Florida has done. See FLA.STAT.ANN. § 222.20 (West 1989). 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." Instead, Fla.Stat....

...er a resident of the state. Like the Colorado statute, the Florida statute provides that "` residents of this state [Florida] shall not be entitled to the federal exemptions. . . .'" Schulz, 101 B.R. at 302 (emphasis in original), quoting Fla. Stat. § 222.20....

...Said final evidentiary hearing is set for October 30, 1991 at 10:00. DONE AND ORDERED. NOTES [1] On January 24, 1991, the state court denied Charlotte Anderson's Motion for Rehearing. [2] Florida has opted out of the federal bankruptcy exemptions enumerated in 11 U.S.C. § 522(d). Fla.Stat. § 222.20 (1989)....

...Thus, under the New Act if a state rejects the federal exemptions, then nonbankruptcy law governs the exemptions available to the debtor, as was the rule under the Old Act. Florida and a significant number of other states have rejected the federal exemptions. F.S. § 222.20 (1977)....

...898 AZ-95-1434 AZ-95-1506 AZ-95-1533 Angeles Corp., In re ...... CC-95-1289-JOZ 4/23/96 AFFIRMED 177 B.R. 920 through CC-95-1303-JOZ & CC-95-1546-JOZ through CC-95-1552-JOZ (Consolidated) NOTES [1] Florida has opted out of the federal bankruptcy exemptions enumerated in 11 U.S.C. § 522(d). Fla.Stat. § 222.20 (1994)....

...exemption by the Debtors can be recognized. In Florida, a debtor's right to exemption is based on § 522(b)(1) of the Bankruptcy Code, which permits states to opt out of the specific federal bankruptcy exemptions set forth in § 522(d). Fla. Statute § 222.20 entitled, "Nonavailability of federal bankruptcy exemptions" provides as follows: In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C....

...Section 522(b) delineates two groups of exemptions that a debtor may utilize — federal law exemptions under § 522(d) or state law and nonbankruptcy federal law exemptions. 11 U.S.C. § 522(b) (1996). Florida only recognizes the state law exemptions and nonbankruptcy federal law exemptions. FLA.STAT.ANN. § 222.20 (1995)....

...he estate. 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)....

...[10] 11 U.S.C. § 522(p)(1) was added to the Bankruptcy Code by § 322(a) of BAPCPA. [11] 11 U.S.C. § 522(b) provides that states can prohibit their citizens from using the federal exemptions and limit them to applicable state law exemptions. [12] FLA. STAT. § 222.20 (1998); 4 COLLIER ON BANKRUPTCY ¶ 522.01, at 522-16 (Alan N....

...Section 522 allows a state to opt out of the federal exemptions provided for in subsection 522(d) and limit its residents to those exemptions provided under the state law. 11 U.S.C. § 522(b). The State of Florida has exercised this option. Fla.Stat. § 222.20 (1995); In re Podzamsky, 122 B.R....

...of the case." 11 U.S.C. § 541(a)(1). This all encompassing definition is tempered by an individual debtor's right to exempt certain property specified in § 522 of the Code. Florida debtors do not have the option of choosing the federal exemptions. § 222.20, Florida Statutes....

...e Bankruptcy Code. In this case, no one disputes that the debtors are bona fide Florida residents. Thus, the relevant exemption statutes are found in Florida law because Florida has opted out of the federal exemptions. 11 U.S.C. § 522(b); Fla.Stat. § 222.20....

...exemption by the Debtors can be recognized. In Florida, a debtor's right to exemption is based on § 522(b)(1) of the Bankruptcy Code, which permits states to opt out of the specific federal bankruptcy exemptions set forth in § 522(d). Fla. Statute § 222.20 entitled, "Nonavailability of federal bankruptcy exemptions" provides as follows: In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C....

...0. Therefore, the Debtors will not be denied their discharge under Section 727(a)(5). B. OBJECTION TO EXEMPTION Ameritrust also objects to the Debtors' claim of exemption in the Annuity. 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....

...The debtor filed a Chapter 7 bankruptcy petition in January 1986 and claimed the condominium as Florida homestead property, exempt from administration by the bankruptcy court. Under Florida law, constitutional homestead property is exempt from the claims of creditors not secured by a lien on the property. See Fla.Stat. § 222.20; Fla....

...f the petition at the place in which the debtor’s domicile has been located for the 180 days immediately preceding the date of the filing of the petition, or for a longer portion of such 180-day period than in any other place ... 3 . See Fla.Stat. § 222.20 (opt out); section 220.-201 (allowing exemption described in subsection (d)(10) relating to debtor’s right to receive benefits such as social security and unemployment compensation). Section 222.20 further provides that "[njothing herein shall affect the exemptions given to residents of this state by the State Constitution and the Florida Statutes.” 4 .(a) There shall be exempt from forced sale under process of any court, and n...

...The legal issue is identical in this case since Arizona, like Florida, is a state which allows a homestead exemption in excess of $125,000 and is an opt-out state, that is, a state like Florida in which debtors must apply the state exemptions in a bankruptcy case. See Fla. Stat. § 222.20 (Florida residents may not utilize federal exemptions)....

...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. Section 522(b)(1) of the Bankruptcy Code authorizes States to opt-out of the federal exemptions set forth in Section 522(d) of the Bankruptcy Code. 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....

...o § 522(d)(10)(E)(iii). Based upon the foregoing, it is clear that the Debtor's interest in this Profit Sharing Plan cannot be claimed and allowed as exempt property. In light of the foregoing, it is unnecessary to consider whether or not Fla.Stat. 222.20 is or is not constitutional....

...on 222.25(4) exemption. Bankruptcy is governed by federal law, but states may opt out of the federal bankruptcy exemptions of 11 U.S.C. § 522(d) (2006) and determine the exemptions allowed to debtors. See 11 U.S.C. § 522(b). Florida has done so in section 222.20, Florida Statutes....

...ng of section 222.25(4) nevertheless requires resolution in light of the conflicting opinions in the federal courts. [2] Another article in the state's constitution provides homestead property with tax exemptions. See art. VII, § 6, Fla. Const. [3] Section 222.20 provides as follows: In accordance with the provision of 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. 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....

...sified as exempt *83 under either federal or state law on the date the petition is filed. 11 U.S.C. 522(b)(2)(A). Florida has opted out of the federal scheme, thereby limiting Florida residents to the exemptions permitted under state law. Fla. Stat. § 222.20....

...r (2) a non-possessory or non-purchase money security interest in property described in this section. The Court grants the motion to dismiss filed by the defendant and this adversary proceeding is dismissed with prejudice. NOTES [1] Florida Statutes § 222.20.

...§ 541 becomes property of the estate. However, a debtor may exempt property from becoming part of the bankruptcy estate by claiming certain exemptions as allowed under 11 U.S.C. § 522(b). Florida has opted out of the federal exemptions and, therefore, 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." Instead, Florida residents are entitled to claim as exempt property annuity contracts and pension money from legal claims of creditors....

...Section 522 of the Bankruptcy Code provides that a state may preclude use of the exemptions permitted under federal law and limit a debtor's rights to only those exemptions provided under state law. The State of Florida has exercised this privilege. § 222.20, Florida Statutes (1989)....

...and against Defendant/Debtor, Marsha A. Stage. It is further ORDERED, ADJUDGED AND DECREED the Defendant/Debtor, Marsha A. Stage, is hereby directed to turnover to the Chapter 7 Trustee the diamond engagement ring. NOTES [1] See generally, Fla.Stat. § 222.20 (1987); Rivas v....

...federal exemptions as an alternative to those provided under state law. The state of Florida has exercised this privilege and has prohibited residents of this state from claiming the federal exemptions set forth in § 522(d) of the Bankruptcy Code. § 222.20, Florida Statutes (1977)....

...Thus the sole issue before the Court is whether an otherwise eligible debtor may claim a homestead exemption for a residence subject to a leasehold interest of this nature. Florida has opted out of the federal exemption scheme pursuant to Section 522(b), Fla.Stat.Ann. § 222.20 (West 1989), and instead makes available to its residents a state statutory exemption scheme....

...CONCLUSIONS OF LAW First Union objected to the Debtor's claimed exemptions for the insurance commissions and the automobile, and seeks a determination that these items are property of the estate. Section 522(b) of the Bankruptcy Code provides exemptions allowing debtors to retain property. Florida has "opted out" pursuant to Section 222.20 Fla.Stat....

...e debtor resides has chosen to limit the exemptions available for its residents to those available under state law. Virtually all states, including Florida, have chosen to "opt out" of the Federal scheme of exemptions as manifest by Florida Statutes § 222.20....

...1026, 103 L.Ed.2d 290 (1989) (in turn quoting Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. 192, 61 L.Ed. 442 (1917))). This is because by strictly interpreting the provisions contained in § 522, that which § 522(b)(1) "giveth", § 522(p)(1), combined with § 522(b)(2) and Florida Statutes § 222.20, "taketh away". Since pursuant to Florida Statutes § 222.20, Florida has "opted out" with regard to the Federal exemptions provided under § 522(d), the only property exemptions available to Florida residents who file for bankruptcy protection are as to those property interests delineated under § 5...

...orized by § 522 of the Bankruptcy Code. 2. Section 522 provides that a state may opt out of the federal exemptions and limit a debtor's rights to only those exemptions provided under the state law. The State of Florida has exercised this privilege. § 222.20, Florida Statutes (1977)....

...Furthermore, § 522 allows a state to opt out of the federal exemptions and limit its residents to those exemptions provided under the state law. See 11 U.S.C. § 522(b) (1997). The State of Florida has exercised this option. See id.; FLA. STAT. ANN. § 222.20 (West 1989)....

...Leidner has filed a proof of claim in this case for $2,700 as a secured creditor and $76,797.34 as an unsecured creditor. III. The Homestead Issue. The relevant exemption statutes are found in Florida law because Florida has opted out of the federal exemptions. 11 U.S.C. § 522(b); § 222.20, Fla.Stat....

...242, 245 (Bankr.M.D.Fla.1999). "The state of Florida has opted out of the federal exemptions scheme and requires its residents to claim only those exemptions available under Florida law." In re Potter, 320 B.R. 753, 756 (Bankr.M.D.Fla.2005) (citing Fla. Stat. § 222.20; In re Sutton, 272 B.R....

...§ 301, an estate was created as defined by 11 U.S.C. § 541. This estate included the fire insurance proceeds due from the destroyed mobile home until claimed as exempt homestead by debtor pursuant to 11 U.S.C. § 522(b)(1) and Florida law. See F.S.A. § 222.20....

...The dispute is whether the Debtor's property held in tenancy by the entirety with his non-debtor wife is property of the estate subject to administration. Initially, this Court recognizes that Florida has opted out of the federal exemption scheme. Fla.Stat. § 222.20 and 222.201 (1987)....

...� 522 of the Bankruptcy Code. Section 522 provides that a state may opt out of the federal exemptions and limit a debtor's rights to only those exemptions provided under its state laws. 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)....

...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....

...those exemptions provided by state and local law and other federal law. 11 U.S.C. § 522(b). Florida has "opted out" of the federal exemptions provided in § 522(d) and only allows debtors to choose state and non-bankruptcy exemptions. Fla.Stat. ch. 222.20....

...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. 222.20, 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. Florida Stat. ch. 222.20 provides: In accordance with the provision of s....

...Nothing herein shall affect the exemptions given to residents of this state by the State Constitution and the Florida Statutes. The trustee argues that the Florida legislature cannot "selectively opt back in" to the federal exemptions contained in § 522(d) after "opting out" in Fla.Stat. 222.20 because § 522(b) only allows the complete adoption or rejection of the exemptions contained in § 522(d)....

...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....

...$50,000.00 on November 18, 1991 3. $75,000.00 on November 18, 1996 4. $100,000.00 on November 18, 2001 5. $250,000.00 on November 18, 2006 3 . Fla.Stat. § 222.14 (emphasis added). Florida has opted out of the federal bankruptcy exemptions. Fla.Stat. § 222.20....

...of this state. This is so because Florida opted out based on § 522(b)(1) of the Bankruptcy Code, which permits states to opt out of the specific federal bankruptcy exemptions set forth in § 522(d) of the Bankruptcy Code. As set forth in Fla.Stat. § 222.20, entitled, "nonavailability of federal bankruptcy exemptions"....

...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. 222.20, 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....

...It is without serious dispute that by virtue of the opt-out provision of the Code, 11 U.S.C. § 522(b) a Debtor may not utilize federal exemptions if the State of his residence opted out. Florida did, joined by the majority of States, opt out shortly after the enactment of the Code. F.S. § 222.20 (1979)....

...ailable to the citizens of Florida. The exemptions in the State of Florida are dealt with by the Constitution and by Statute. Article X, § 4 of the Florida Constitution exempts property which qualifies to be a homestead of a claimant and Fla. Stat. § 222.20, et seq., deals with exemptions relating to certain specific categories of personal property....

...tent that the applicable state law provides such an exemption. See 11 U.S.C. § 522(b)(2)(B). The State of Florida has chosen to limit its residents who are bankruptcy debtors to Florida exemptions as authorized by 11 U.S.C. § 522(b). See FLA.STAT. § 222.20 (1999)....

...federal exemptions as an alternative to those provided under state law. The state of Florida has exercised this privilege and has prohibited residents of this state from claiming the federal exemptions set forth in § 522(d) of the Bankruptcy Code. § 222.20, Florida Statutes (1977)....

...In re Sinnreich, 391 F.3d 1295, 1297 (11th Cir. 2004) (citing Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979)). Therefore, Florida law governs the scope and existence of the Debtor's interest in the Homestead property. 11 U.S.C. § 522(b); Fla. Stat. § 222.20....

...However, states are granted the opportunity to opt out of the federal exemption scheme at their election. 11 U.S.C. § 522(b)(1) (1997). Florida has elected to opt out of the federal scheme and now provides exemptions to debtors according to state law. Fla.Stat.Ann. § 222.20 (West 1998)....

...zed by Section 522 of the Bankruptcy Code. 2. Section 522 provides that a state may opt out of the federal exemptions and limit a debtor's rights to only those exemptions provided under its state laws. The State of Florida has exercised this option. Section 222.20, Florida Statutes (1977)....

...States are permitted to opt out of the federal exemptions enumerated in § 522(d), and may limit residents to those exemptions provided under state law. 11 U.S.C. § 522(b). Florida has opted out of the federal scheme, making a debtor's exemptions subject to state law. See § 222.20, Fla.Stat.; In re Hall, 752 F.2d 582, 584 (11th Cir.1985); In re Kelley, 21 B.R....

...The Bankruptcy Code sets forth the federal exemptions to which a debtor is entitled. 11 U.S.C. § 522(d). A state may choose, however, to "opt out" of the federal exemption scheme. 11 U.S.C. § 522(b)(1). Florida is one of the states which has opted out of the federal exemption scheme. Fla. Stat. § 222.20....

...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....

...strued "in the interest of protecting the family home." Quigley v. Kennedy Ely Ins., Inc., 207 So.2d 431, 432 (Fla.1968). C. Florida Homestead Exemption Florida law governs bankruptcy exemptions for Florida residents. 11 U.S.C. § 522(b); Fla. Stat. § 222.20....

...Nonetheless, a debtor may exempt certain property from the estate by filing a claim of exemption. 11 U.S.C. § 522. Florida has opted out of the federal exemption scheme provided in § 522(d), thus debtor's right to exempt property from the estate is controlled by Florida law. Section 222.20 Fla.Stat....

...d in such event the debtor may exempt from property of the estate property that is exempt under applicable state law. Florida law specifically provides that residents *322 of Florida shall not be entitled to the federal exemptions of subsection (d). § 222.20, Florida Statutes....

...nkruptcy petition. It is clear that prior to the petition the lien was validly attached to the property. Under Florida law, constitutional homestead property is exempt from the claims of creditors not secured by a lien on the property. See Fla.Stat. § 222.20; Fla....

...thorized by § 522 of the Bankruptcy Code. 2. Section 522 provides that a state may opt out of the federal exemptions and limit a debtor's rights to only those exemptions provided under its state laws. The State of Florida has exercised this option. § 222.20, Florida Statutes (1977)....

...Section 522(b)(1) allows the debtor to claim the federal exemptions of § 522(d), "unless the state law that is applicable to the debtor under paragraph (2)(A) of this subsection specifically does not so authorize;". Florida has chosen to "opt out" of the federal exemptions pursuant to § 222.20 (Fla....

...ted under Florida Statute Section 222.14. c. Whether the personal property claimed as exempt in the amount of $1,000.00 was sufficiently described to constitute an exemption. B. Applicable Exemption Law As a Florida domiciliary, debtor is subject to Section 222.20, Florida Statutes, which precludes Florida residents from utilizing the federal exemptions provided in section 522(d) of the Bankruptcy Code....

...*331 "(1) property that is specified under subsection (d) of this section, unless the State law that is applicable to the debtor [on the date of the filing of the petition] specifically does not so authorize." Florida chose to "opt out" of the exemptions provided in 11 U.S.C. § 522(d) per Florida Statute § 222.20, Nonavailability of Federal Bankruptcy Exemptions, which reads: In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C....

...o the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law. 11 U.S.C. § 522(b)(2)(B). Florida specifically rejected the federal exemptions of subsection 544(b)(1). Fla.Stat. § 222.20....

...454, 456 (Bankr.D.Mass.1982). The Bankruptcy Code establishes a uniform scheme of exemptions, but also permits a state to "opt-out" of the federal scheme and apply its own scheme. 11 U.S.C. §§ 522(d) and (b). Florida has so opted-out of the federal scheme. Fla.Stat.Ann. § 222.20 (West 1989)....

...s exempt from the bankruptcy estate. 11 U.S.C. § 522 (West 1999). Section 522 also permits a state to opt out of the federal exemptions and limit its residents to those provided under state law. Id. Florida has exercised this option. FLA. STAT.ANN. § 222.20 (West 1998)....

...On February 1, 1994, an Agreed Order was entered by this Court on the Trustee's Objection providing for a hearing on March 1, 1994, to determine this issue. DISCUSSION A Florida debtor may claim as exempt only those assets exempt pursuant to state law. Fla.Stat. § 222.20....

...Under § 522 of the Code, the debtor may exempt from the estate certain assets, under a federal or state exemption scheme. 11 U.S.C. § 522. The state of Florida has opted out of the federal exemptions, providing instead its own set of exemptions in Chapter 222, Florida Statutes. Fla.Stat. § 222.20....

...In that decision, Judge Paskay concluded, as this Court also does, (with one qualification) that ERISA plans are not exempt property under Florida law. The analysis is quite straight forward. Florida has opted out of the federal exemptions in Title 11 U.S.C. § 522(b). Fla.Stat. § 222.20....

...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....

...193, 194 (Bankr. M.D.Fla.1988). Section 522 permits a state to opt out of the federal exemptions and limit its residents to those exemptions provided under state law. 11 U.S.C. § 522(b) (1997). The State of Florida has exercised this option. FLA. STAT.ANN. § 222.20 (West 1989)....

...ion to Avoid Judicial Lien (Doc. No. 31). [5] LWT does not contest that the debtors are entitled to a $1,000 exemption in the truck under Section 222.25(1), if the Court finds the debtors did not waive their right to claim exemptions. [6] FLA. STAT. § 222.20 (2007)....

...nder applicable nonbankruptcy law. (Emphasis supplied). The Debtor was a resident of Florida when she filed the petition. Florida law provides that residents of Florida shall not be entitled to the federal exemptions provided in § 522(d). Fla.Stat. § 222.20....

...1983). Under Bankruptcy Rule 4003(c), a party objecting to an exemption bears the burden of proving that the exemption is not properly claimed. Bankruptcy exemptions for Florida residents are governed by Florida law. Bankruptcy Code § 522(b); Fla.Stat. § 222.20 (Florida opts out of federal exemption scheme)....

opted-out of Section 522 by enacting Fla. Stat. § 222.20, prohibiting citizens of Florida from claiming

utilize state-created exemptions. Florida, by Section 222.20, Fla. Stats., entitled "Nonavailability of

Stat. § 222.201(1) which provides notwithstanding § 222.20, an individual debtor under the Bankruptcy Reform

set forth in § 522(d) of the Bankruptcy Code. § 222.20, Florida Statutes (1977). Instead, the Florida

State of Florida has exercised this option. Section 222.20, Florida Statutes (1977). Therefore, a debtor

exemptions provided in § 522(d). Fla. Stat.Ann. § 222.20 (West 1989). Thus, Florida permits debtors to

The relevant Statues are Fla.Stat. 222.20 and 222.201 which provide: § 222.20 Nonavailability of federal

Bankruptcy Judge. Plaintiff seeks to declare Florida Statute 222.20 unconstitutional. Plaintiff is a single

to 11 U.S.C. Section 522(b) and Fla. Stat. Section 222.20 (1998). Article X, Section 4(a) of the Florida

a federal and state election by virtue of Fla. Stat. 222.20. This record leaves no doubt that the Debtor

in the Harris Plan may be claimed as exempt. Section 222.20, Florida Statutes 1989, provides that Florida

Article X, Section 4, Florida Constitution, and § 222.20, Florida Statutes (1977). [10] See fn. 2, 3.

guarded by the Florida courts. Pursuant to F.S. § 222.20, the State of Florida has elected to opt out of

Colorado are “opt-out” states. See Fla. Stat. § 222.20;2 Colo.Rev.Stat. § 13-54-107. Accordingly, the

2007). [10] 11 U.S.C. § 522(b). [11] Fla. Stat. § 222.20 (2010). [12] 11 U.S.C. § 522(b)(3)(C). [13]

exemptions subject to state law. See FLA.STAT.ANN. § 222.20; FLA. CONST. art. X, § 4; In re Hall, 752 F.2d

exemptions as of October 1, 1979. Fla.Stat.Ann. § 222.20. Therefore, Florida debtors are only permitted

522(b)(1) of the Bankruptcy Code, has enacted § 222.20, Florida Statutes, "opting out" of the Federal

grounds that it violated 11 U.S.C. § 522, Fla. Stat. § 222.20 and the Fla. Const. Art. X § 4. The Debtors acquired

entitled to the federal exemptions. Fla. Stat. § 222.20." Objection at p.3, para. 10. The Debtors filed

exemptions have been made inapplicable in Florida by § 222.20, Florida Statutes, the personal property can be

the exemptions provided in § 522(d). Fla. Stat. § 222.20. Residents of Florida may exempt property authorized

with the majority of the States, "opted out" Fla.Stat. 222.20. As the result the right of the Debtors to

opted out of the Federal exemptions. Fla.Stat.Ann. § 222.20 (West 2001). Therefore, bankruptcy debtors in

provides for exemptions under state law." Id.; § 222.20, Fla. Stat. (2018). Here, the Trustee seeks to

and nonbankruptcy federal law. See Fla. Stat. § 222.20 (2007). Further, § 522(b)(3)(B) of BAPCPA authorizes

law" to which § 522(b)(3)(B) refers is Fla. Stat. § 222.20, Florida's opt-out statute which provides that

controls a debtor's exemption rights. FLA.STAT.ANN. § 222.20 (West 1989). Florida Statute § 222.14 provides

exemptions available under Florida law. Fla. Stat. § 222.20; In re Sutton, 272 B.R. 802, 806 (Bankr.M.D.Fla

Florida has exercised this option. FLA. STAT. ANN. § 222.20 (West 1989). The objecting party has the burden

See 11 U.S.C. § 522(b); Fla. Stat. § 222.20. 2 . In bankruptcy, the automatic

applicable state law exemptions. [21] FLA. STAT. § 222.20 (1998). [22] The Daniels decision addresses the

this option. See Fla.Stat.Ann. § 222.20 (West 1998). 4 . Pending the response

controls a debtor's exemption rights. Fla.Stat. § 222.20. The issue before the Court is whether the annuity

522(b) of the Bankruptcy Code, Florida Statutes, § 222.20 (1979), which prohibited the use of the federal

Cir. 1983)). [11] Id. at 961 (citing Fla. Stat. § 222.20 (1979)). [12] See Norwest Bank Nebraska, N.A

under Florida law. 11 U.S.C. § 522(b); Fla. Stat. § 222.20. While it is well established that Florida’s homestead

Constitution and Florida Statutes. See Fla. Stat. § 222.20 (Florida has opted out of the federal bankruptcy

to 11 U.S.C. Section 522(b) and Fla. Stat. Section 222.20. Article X, Section 4(a) of the Florida Constitution

provisions. 11 U.S.C. § 522(b) and Fla. Stat. *919 § 222.20. Thus, the $17,425.00 federal limit on the dollar

exemption plan. 11 U.S.C. § 522(b). Florida Statute § 222.20 opts out of the Code's exemption scheme described

secured by a lien on the property. See Fla.Stat. § 222.20; Fla. Const. art. 10, § 4. Florida law allows

under § 522 of the Bankruptcy Code. Fla.Stat. Ann. § 222.20 (West 1991). With respect to the exempt status

a 20% reduction in compensation. Fla. Stat. § 222.20.

Florida has exercised this option. See FLA.STAT.ANN. § 222.20 (West 1989). Therefore, debtors residing in Florida

federal exemptions. Pursuant to Florida Statute Section 222.20 "residents of this state shall not be entitled

Florida has chosen this option. See Fla.Stat.Ann. § 222.20 (West 1998).

in this case. 11 U.S.C. § 522(b)(1); Fla.Stat. § 222.20. Florida permits a debtor to claim as exempt personal

a Florida resident, Florida's opt-out statute, § 222.20 (the "Florida Opt-Out Statute") precludes him

and has enacted its own exemptions. Fla. Stat. § 222.20. Florida law shields from the claims of creditors

Here, Florida exemptions apply. . Fla. Stat. § 222.20(2) (2014). . Swarup also claimed her interests

has opted out of § 522(d) under Florida Statute § 222.20; In re Ciccarello; 76 B.R. 848, 850 (Bankr.M.D

Florida has exercised this option. Fla. Stat. § 222.20 (2006). Article X, Section 4(a)(1) of the Florida

exemptions provided by state law. See: Fla.Stat. Section 222.20. Fla. Constitution Article X Section 4 provides