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....

...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....

...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....

...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....

...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.

...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....

...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....

...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....

...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)....

...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(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....

...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....

...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)....

...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)....

...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....

...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)....

...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)....

...§ 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....

...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....

...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....

...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)....

...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)....

...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...

...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....

...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)....

...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....

...[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....

...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....

...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)....

...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....

...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....

...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.

...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)....

...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....

...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...

...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....

...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....

...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....

...$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....

...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)....

...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)....

...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....

...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....

...� 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)....

...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)....

...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....

...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)....

...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....

...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)....

...inental Bank). As the head of the household, the Debtor is entitled to have his homestead exempt from the imposition of a lien of this nature, and as will be discussed infra, the exemption is jealously guarded by the Florida courts. Pursuant to F.S. § 222.20, the State of Florida has elected to opt out of the debtor exemptions under 11 U.S.C....

...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....

...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)....

...*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....

...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 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)....

...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....

...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....

...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....

...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)....

...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....

...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....

...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....

...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....

...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)....

...70 percent of the market value of the property. [9] The State of Florida has opted out 11 U.S.C. § 522(b) and limits the exemptions available to Florida residents to those provided under Florida law. Article X, Section 4, Florida Constitution, and § 222.20, Florida Statutes (1977)....

...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. 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 opted-out of Section 522 by enacting Fla. Stat. § 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. 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....

...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....

...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....

...Atty., Orlando, Fla., for Attorney General. ORDER OVERRULING TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS GEORGE L. PROCTOR, Bankruptcy Judge. Florida, pursuant to the authority granted individual states by § 522(b)(1) of the Bankruptcy Code, has enacted § 222.20, Florida Statutes, "opting out" of the Federal exemptions of § 522(d)....

...tee and to shield it from his creditors. A state may elect, under Section 522(d) of the Bankruptcy Code, to have either the federal exemptions applied within its boundaries, or under Section 522(b)(1) to utilize state-created exemptions. Florida, by Section 222.20, Fla....

...Bruce Barkett, Tallahassee, Fla., for State of Fla. Lionel H. Silberman, Orlando, Fla., for Trustee. John C. Morland, Washington, D.C., for United States. MEMORANDUM DECISION GEORGE L. PROCTOR, Bankruptcy Judge. Plaintiff seeks to declare Florida Statute 222.20 unconstitutional. Plaintiff is a single person residing in the State of Florida who filed a voluntary petition under Chapter 7 of the Bankruptcy Code. The State of Florida, in accordance with 11 U.S.C. § 522(b), enacted Florida Statute 222.20, which precludes citizens of Florida from utilizing federal exemptions provided under the Bankruptcy Code....

...Florida residents who file bankruptcy may avail themselves only of those exemptions permitted by Article 10, § 4 of the Florida Constitution and Section 222 Florida Statutes. To qualify for these exemptions a debtor in bankruptcy must be the head of a family. Plaintiff contends that Florida Statute 222.20 denies her equal protection of the law, and is therefore unconstitutional, since it prohibits her from using exemptions which would be available to her under federal exemptions, but fails to provide her, a single person, with comparable exemptions under state law....

...Simply stated, the Bankruptcy Code provides that federal exemptions are available to any debtor unless the state where the debtor resides has opted out of the federal exemptions. The State of Florida availed itself of the opt-out provision in Florida Statute 222.20....

...Both of these cases are factually distinguishable from the matter before this Court. Plaintiff is not seeking exemptions due a joint debtor as in Cheeseman ; nor is she asserting that the Florida exemption laws are based on a rather specious distinction as in Rhodes. Rather, plaintiff contends that Florida Statute 222.20, the opt-out provision, is unconstitutional since the State of Florida has provided exemptions for heads of families, but has provided no alternative method of exemptions for single individuals....

...ity of the statute is apparent. Suffice it to say that there is a presumption of constitutionality once a law has been duly enacted by the legislative branch. Plaintiff has not overcome this presumption as to the constitutionality of Florida Statute 222.20....

...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....

...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)....

...ended her schedules to claim an exemption on that basis for the real property. As a tenancy by the entirety, the real property is exempt under 11 U.S.C. § 522(b)(2)(B). Because federal bankruptcy exemptions have been made inapplicable in Florida by § 222.20, Florida Statutes, the personal property can be exempt only if the debtor qualifies for such exemption under Article X, Section 4, Florida Constitution, F.S.A., as the head of a family....

...) of the Bankruptcy Code, unless the state law applicable to the debtor specifically does not so authorize. 11 U.S.C. § 522(b). Florida law provides that residents of Florida shall not be entitled to the exemptions provided in § 522(d). Fla. Stat. § 222.20....

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

...Sections 222.01, 222.02, and 222.05 (Doc. No. 1, Schedule C). Debtors filing for bankruptcy protection in Florida are entitled to the Florida state law exemptions due to Florida's opt-out of the federal exemption scheme pursuant to 11 U.S.C. Section 522(b) and Fla. Stat. Section 222.20 (1998)....

...22. [6] See 11 U.S.C. § 522. [7] 11 U.S.C. § 522(1) [8] Fed. R. Bankr.P. 4003(c)(2005); In re Pettit, 224 B.R. 834, 840 (Bankr.M.D.Fla.1998). [9] In re Stevenson, 374 B.R. 891, 894 (Bankr. M.D.Fla.2007). [10] 11 U.S.C. § 522(b). [11] Fla. Stat. § 222.20 (2010)....

...States are permitted to opt out of the federal exemptions *125 enumerated in § 522(d), and may limit residents to those exemptions provided under state law. 11 U.S.C. § 522(b) (1999). Florida has opted out of the federal scheme, making a debtor's exemptions subject to state law. See FLA.STAT.ANN. § 222.20; FLA....

...al bankruptcy exemptions set forth in Section 522(d) of the Bankruptcy Code unless the particular State prohibits its citizens from using these exemptions allowed by § 522(d). Florida, together with the majority of the States, "opted out" Fla.Stat. 222.20....

...Ordinarily, a debtor would have the option of claiming the federal exemptions set forth in § 522(d) of the Code or the exemptions provided by the applicable State or local law. However, due to legislation of the State of Florida recently enacted pursuant to § 522(b) of the Bankruptcy Code, Florida Statutes, § 222.20 (1979), which prohibited the use of the federal exemptions to citizens of this State, only the State created exemptions are available in this State....

...This Court is in full agreement with the reasoning and the holding of Kane and is satisfied that subsection (p) of Section 522 of the Code applies in Florida, notwithstanding the fact that, in Florida, an individual has no right to elect between a federal and state election by virtue of Fla. Stat. 222.20....

...llage management, Inc. jointly *615 held with wife unk. 11 USC 522(b)(2)(B) tenancy by the entirety w.r.o.s." The estimated value of this receivable is $1,900,000.00. Florida "opted out" of the federal exemptions as of October 1, 1979. Fla.Stat.Ann. § 222.20....

...The Bankruptcy Code lists the property that a debtor may declare as exempt. 11 U.S.C. § 522(d) (West 2001). However, pursuant to § 522(b)(1) individual states may opt out of the Federal exemptions of § 522(d). 11 U.S.C. § 522(b)(1) (West 2001). Florida has opted out of the Federal exemptions. Fla.Stat.Ann. § 222.20 (West 2001)....

...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....

...Section 522(b) provides for two exemption methods: (1) the exemptions available under § 522(d) exemptions; or (2) the exemptions provided by state and local law and other federal law. 11 U.S.C. § 522(b)(1), (b)(2). 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)....

...erefore property of the respective bankruptcy estates. II Having concluded that the debtors' vested Plan interests are property of the estates, the court must next determine whether the debtors' interests in the Harris Plan may be claimed as exempt. Section 222.20, Florida Statutes 1989, provides that Florida residents are not entitled to the federal exemptions provided in Section 522(d) of the Bankruptcy Code....

...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....

...In the alternative, the debtor is permitted to exempt property that is exempt under state law or non-Section 522(d) federal law. In 1979, pursuant to the provisions of Section 522(b) of the Bankruptcy Code, the Florida Legislature enacted what is now Section 222.20, Florida Statutes 1989, which provides that "residents of this state shall not be entitled to the federal exemptions of s....

...." 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. 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....

...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....

...By virtue of the Section 522(b)(1) opt-out provision of the Code, the right of Debtors to claim properties exempt is governed by the Constitution and the applicable Statutes of this State with some exceptions not relevant here. The relevant Statues are Fla.Stat. 222.20 and 222.201 which provide: § 222.20 Nonavailability of federal bankruptcy exemptions....

...§ 522(b)), residents of this state shall not be entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(d)). Nothing herein shall affect the exemptions given to herein to residents of this state by the State Constitution and the Florida Statutes. 222.201 Availability of federal bankruptcy exemptions. — (1) Notwithstanding § 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 § 522 of that act....

...in their homestead was exempt under the Article X § 4(a)(2) of the Florida Constitution and Florida Statutes §§ 220.01 and 222.02. The Trustee objected to the Debtors' claimed exemption on the grounds that it violated 11 U.S.C. § 522, Fla. Stat. § 222.20 and the Fla....

...Dunn (the "Trustee"), filed an objection to the Debtors' Claimed Exemptions (the "Objection") [DE # 53]. In her Objection, the Trustee argues, inter alia , that "the Debtors are Florida residents, and therefore, are not entitled to the federal exemptions. Fla. Stat. § 222.20 ." Objection at p.3, para....

...The Federal Exemptions apply to a debtor's bankruptcy case "unless the State law that is applicable to the debtor ... specifically does not so authorize." 11 U.S.C. § 522 (b)(2). If Florida law applies, the Debtors may not claim the Federal Exemptions because Florida Statute § 222.20 (the "Opt-Out Statute") provides that "residents of this state shall not be entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code." The Trustee argues that Florida's Opt-Out Statute precludes the Debtors from claim...

...Fla. 1992). "However, a debtor may exempt certain property from the estate pursuant to § 522." Id. "Section 522 provides for two exemption schemes. Florida has opted out of the federal exemptions and provides for exemptions under state law." Id. ; § 222.20, Fla....

...from process under applicable nonbankruptcy law [i.e., Florida law]." 11 U.S.C. § 522 (b)(3)(B) (emphasis added). It is the property against which the creditor must be able to seek process, not the property owner. Florida law controls disposition. § 222.20, Fla....

...The state of Florida has opted out of the federal exemptions provided under BAPCPA and *740 permits its residents to claim exemptions in real and personal property pursuant to the Florida Statutes, the State Constitution, and nonbankruptcy federal law. See Fla. Stat. § 222.20 (2007)....

...oint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law; AmSouth asserts that the "applicable nonbankruptcy law" to which § 522(b)(3)(B) refers is Fla. Stat. § 222.20, Florida's opt-out statute which provides that Florida residents are entitled only to those exemptions set forth in the Florida Constitution and the Florida Statutes. AmSouth asserts that because § 222.20 applies only to Florida residents and Debtor was not a Florida resident on the Petition Date, that he is not permitted to claim the property exempt as tenancy by the entireties....

...However, a tenancy by the entirety is a creature of Florida common law, Beal Bank, SSB v. Almand & Assoc., 780 So.2d 45, 53 (Fla.2001), not an exemption which is "given to a resident[] of [Florida] by the [Florida] constitution [or] the Florida Statutes" as set forth in § 222.20. Section 222.20 does not apply to tenancy by the entirety property and does not therefore preclude a non-resident of Florida from claiming property located in Florida as exempt as tenancy by the entirety....

...for the benefit of such creditor. 3 Under section 522(b) of the Bankruptcy Code, 11 U.S.C. § 522(b), a state can choose to “opt out” of the exemptions provided by federal law and provide its own allowable exemptions. Florida has chosen this option. See Fla.Stat.Ann. § 222.20 (West 1998). 4  the funds on deposit were not protected “proceeds of annuity contracts” as described by statute. Thus, the district court concluded that there was no exem...

...§ 541 (1997). However, a debtor may claim certain property as exempt from the estate. 11 U.S.C. § 522 (1997). Because Florida has opted out of the federal exemption scheme provided in § 522(d), Florida law controls a debtor's exemption rights. FLA.STAT.ANN. § 222.20 (West 1989)....

...state law. 11 U.S.C. § 522(b); In re Howe, 241 B.R. 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. Fla. Stat. § 222.20; In re Sutton, 272 B.R....

...However, individual states may enact laws prohibiting debtors residing in those states from claiming the federal exemptions. When a state enacts such a law, it is considered to have “opted out” of the federal scheme of exemptions. Both Florida and Colorado are “opt-out” states. See Fla. Stat. § 222.20 ; 2 Colo.Rev.Stat....

...It is undisputed that the Debtors moved to Florida from Colorado between 500 and 530 days prior to the petition date. . There is a single limited exception to Florida’s opt-out status, which allows debtors to claim the federal exemption contained in § 522(d)(10). See Fla. Stat. § 222.201 . Otherwise, the remaining federal exemptions provided in the other subsections' of § 522(d) continue to be unavailable to Florida debtors by virtue of Fla. Stat. § 222.20 ....

...Although § 522 provides various federal bankruptcy exemptions, states may opt out of those exemptions and limit a debtor's rights to only those exemptions provided under *259 its state laws. 11 U.S.C.A. § 522(b) (1997). The State of Florida has exercised this option. FLA. STAT. ANN. § 222.20 (West 1989)....

...erty as of the commencement of the case." Section 522 of the Code allows an individual debtor to exempt certain property. Since Florida has opted out of the federal exemptions in § 522(d), Florida law controls a debtor's exemption rights. Fla.Stat. § 222.20....

...291, 295 (Bankr.M.D.Fla.2008) (citing 11 U.S.C. § 522(1)). [10] In re Puff 'N Stuff of Winter Park, Inc., 183 B.R. 959, 960-61 (Bankr.M.D.Fla.1995) (citing 11 U.S.C. § 522(b); Rhodes v. Stewart, 705 F.2d 159, 162 (6th Cir. 1983)). [11] Id. at 961 (citing Fla. Stat. § 222.20 (1979))....

...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)). Thus, the Debtor’s homestead exemption is determined under Florida law. 11 U.S.C. § 522 (b); Fla. Stat. § 222.20 ....

...onal property with a value of $4,000.00 pursuant to the "wildcard" exemption of § 222.25(4). Florida residents who file bankruptcy petitions may claim the exemptions that are provided by the Florida Constitution and Florida Statutes. See Fla. Stat. § 222.20 (Florida has opted out of the federal bankruptcy exemptions that are provided by § 522(d) of the Bankruptcy Code.)....

...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....

...s of the Bankruptcy Code and state law. In re Martinez, 107 B.R. 378 (Bankr. S.D.Fla.1989). Florida, under the authority of 11 U.S.C. § 522(b)(1), has opted out of the federal exemptions available under § 522 of the Bankruptcy Code. Fla.Stat. Ann. § 222.20 (West 1991)....

...eceive any compensation. 11 U.S.C. § 522 (d)(10)(C) and (E) The State of Florida has generally opted out of federal bankruptcy exemptions, 8 prohibiting its debtors from claiming federal exemptions pursuant to Section 522(d) ; notwithstanding, F.S. § 222.201 provides an exception to that general rule, whereby debtors may claim exemptions under Section 522(d)(10). 11 U.S.C. § 522 (d)(10) ; Fla. Stat. § 222.201 ....

...The Agreement provides a 10% reduction in compensation for every ½ year reduction in eligible seasons. For example, a player with 4.5 eligible seasons will receive a 10% reduction in compensation while a player with only 4 eligible seasons will receive a 20% reduction in compensation. Fla. Stat. § 222.20 .

...See also In re Colston, 87 B.R. 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) (1998). Florida has exercised this option. See FLA.STAT.ANN. § 222.20 (West 1989)....

...does not constitute homestead property. Debtors filing for bankruptcy protection in Florida are entitled to the Florida state law exemptions due to Florida's opt-out of the federal exemption scheme pursuant to 11 U.S.C. Section 522(b) and Fla. Stat. Section 222.20....

...v. Cannon, 254 B.R. 773 (S.D.Fla.2000) [1] . Florida is one of a handful of states which has "opted out" of the federal scheme of exemptions and instead chosen to retain its own statutory exemption provisions. 11 U.S.C. § 522(b) and Fla. Stat. *919 § 222.20....

...In her final argument, the Debtor contends that under Section 522(d)(11)(C) of the Bankruptcy Code, the proceeds are exempt. Section 522 exemptions are applicable only if a state does not "opt out" of the federal exemptions. Pursuant to Florida Statute Section 222.20 "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. § 522(d))." Fla.Stat. Ann. § 222.20 (West 1998)....

...the benefit of such creditor. 3 Under section 522(b) of the Bankruptcy Code, 11 U.S.C. § 522(b), a state can choose to "opt out" of the exemptions provided by federal law and provide its own allowable exemptions. Florida has chosen this option. See Fla.Stat.Ann. § 222.20 (West 1998). 2  Sawczak appealed the bankruptcy court's order to the United States District Court for the Southern District of Florida....

...Finally, even if this were not the case, the $3,000 in unaccounted for proceeds from the sale of the Jaguar automobile alone would exhaust both the $1,000 automobile exemption and the $1,000 personal property exemption. Id. . Florida exemptions, of course, control in this case. 11 U.S.C. § 522 (b)(1); Fla.Stat. § 222.20....

...A debtor may exempt property from the bankruptcy estate by claiming exemptions authorized by section 522 of the Code. 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....

...On February 4, 2002, the Trustee filed an Objection to Exemptions. The Trustee argues first that the Debtor is not entitled to utilize Florida's exemptions since he was not domiciled in Florida. Second, the Trustee argues that as a Florida resident, Florida's opt-out statute, § 222.20 (the "Florida Opt-Out Statute") precludes him from utilizing the Federal Exemptions....

...Having established that the Debtor is properly before the Court, the question is — can he utilize the Federal Exemptions to protect some of his assets? Resolution of the issue requires an analysis of § 522(b) of the Bankruptcy Code and Florida Statute § 222.20, Florida's Opt-Out Statute....

...ling of 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 period of such 180-day period than in any other place. (emphasis added). Section 222.20, Florida Statutes, provides, in pertinent part: In accordance with the provisions of § 522(b) of the Bankruptcy Code ....

...Congress provided an opportunity for these foreign citizens to seek relief in our bankruptcy courts. Surely Congress did not intend to deprive them of the right to exempt a portion of their assets. Conclusion This Court holds as a matter of law that Florida Statute § 222.20 does not apply to non immigrant alien debtors that reside in the state of Florida, but are not domiciled in Florida when they file their bankruptcy petition....

...In an opt out state, debtors may exempt “any property that is exempt under . . . State or local law that is applicable on the date of the filing of the petition.” Id. § 522(b)(3)(A). Florida elected to opt out and has enacted its own exemptions. Fla. Stat. § 222.20. Florida law shields from the claims of creditors some assets deposited in 3 retirement and profit-sharing plans....

...§ 522 (1). . Fed. R. Bankr.P. 4003(c); In re Pettit, 224 B.R. 834, 840 (Bankr.M.D.Fla.1998). . 11 U.S.C. § 522 (b)(2), (3). The domicile test laid out in § 522(c)(3)(A) dictates which state's exemptions apply. Here, Florida exemptions apply. . Fla. Stat. § 222.20 (2) (2014)....

...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 Court addresses tenancy by the entireties ownership of assets in Florida, focusing on the ownership of personal property, particularly financial accounts....

...[16] Trustee's Exh. No. 7. [17] Id. [18] Trustee's Exh. No. 10. [19] Id. [20] 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. [21] FLA. STAT. § 222.20 (1998)....

...An individual debtor may exempt property from the bankruptcy estate by claiming exemptions authorized under § 522 of the Bankruptcy Code, subject to any limitations placed by his State under the opt-out provision of § 522(b)(1). Florida has opted out of § 522(d) under Florida Statute § 222.20; In re Ciccarello; 76 B.R....

...Honorable Kenneth F. Ripple, United States Circuit Judge for the Seventh Circuit, sitting by designation. 1 In Florida, exemptions available to bankruptcy debtors are governed by state law. See 11 U.S.C. § 522(b); Fla. Stat. § 222.20. 2  Case: 14-11457 Date Filed: 04/29/2015 Page: 3 of 12 “wildcard” exemption....

...Section 522 permits states to opt out of the federal exemptions provided for in subsection 522(d) and limit its residents to those exemptions provided for under state law. 11 U.S.C. § 522(b). The state of Florida has exercised this option. Fla. Stat. § 222.20 (2006)....

...The plaintiff contends that the judgment lien impairs the debtor’s homestead exemption and thus may be avoided pursuant to Bankruptcy Code Section 522(f)(1). Pursuant to Section 522(b)(1) the Legislature of the State of Florida has opted to allow debtors the exemptions provided by state law. See: Fla.Stat. Section 222.20....