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Bankruptcy in Florida is made under title 11 of the United States Code, which is referred to as the Bankruptcy Code. Although bankruptcy is a federal procedure, in certain regards, it looks to state law, such as to exemptions and to define property rights.
In bankruptcy law, this concept is called the homestead exemption. It’s generally predicated on the assumption that you own the house, and it’s your primary residence.
The homestead exemption in Florida may refer to three different types of homestead exemptions under Florida law: exemption from forced sale before and at death per Art. X, Section 4(a)-(b) of the Florida Constitution; restrictions on devise and alienation, Art. X, Section 4(c) of the Florida Constitution; and exemption from taxation per Art ...
This type of tax exemption shields homeowners from excessive amounts of property tax.
Under the new law, the homestead exemption, which allows bankruptcy filers in some states to exempt the value of their homes from creditors, is limited in various ways. If a filer acquired their home less than 1,215 days (40 months) before filing, or if they have been convicted of security law violations or been found guilty of certain crimes ...
Most states have homestead exemptions, which protects a portion of your home’s equity from creditors and other liens or claims in case of bankruptcy. However, the dollar amount of the exemption ...