Exemptions

Assume a man resides in the state of Georgia, but works for several years in Florida for a Florida employer. During the time of employment he establishes a 401k plan at a Florida financial institution, and for investment, he buys an annuity from the same Florida institution. Later, he is sued in Georgia, and the …

Do Florida Asset Exemptions Apply Only To Florida Residents?Read More

Some debtors are surprised when I tell them that the household furnishings and clothing they used on a daily basis are not exempt from their judgment creditors. Some people think that Florida law permits them to own their basic tools of living such as the clothes they wear, their children’s toys, the beds they and …

Can Creditor Take My Furniture and Clothing?Read More

One of my new clients had been sued by the Federal Trade Commission for a violation of their statutes pertaining to telephone sales including alleged common law fraud against the victims. A federal court entered a judgment against my client for several millions of dollars damages including an award of over $1 million dollars of …

Florida Exemptions and Federal Civil Restitution JudgmentsRead More

An attorney called me for help collecting several judgments against the same individual debtor. The debtor’s principal asset was his retirement account. Retirement accounts are exempt in Florida pursuant to Florida statutes. The attorney wanted to know if a the debtor’s signature to loan documents which included a general waiver of exemptions from judgment execution …

Creditor May Enforce Debtor’s Written Waiver Of ExemptionsRead More

A married couple came to see me about a foreclosure on their homestead. The man bought a Florida homestead where he lives with his wife. There is a judgment against the husband. He paid cash for the homestead in order to protect the purchase proceeds. The husband used his own money and no marital funds …

Lender Foreclose Mortgage On Homestead When One Of Spouses Did Not Sign The Mortgage?Read More

A client asked me during a consultation whether his employee stock purchase plan was an exempt (“ESSP”)  asset.  The client’s ESSP was provided by his employer. The employer is a publically traded company. The ESSP plans provides employees the opportunity to purchase employer stock at a ten percent discount to current market value.  The employee …

Employee Stock Purchase Plans Are Not Exempt AssetsRead More

I want to update a 2015  post on the subject of  federal criminal restitution collection.  I wrote that state law exemptions such as Florida homestead would not stand up against federal collection, but that state property law would apply so that tenants by entireties assets would be exempt from restitution orders against one spouse. I …

Exemptions From Criminal Restitution Orders: An UpdateRead More

A client entered into a criminal plea agreement three years ago stemming from his violation of federal securities laws. The plea agreement included restitution to the victims of his wrongdoing. There is a money judgment against the client for restitution. The client wants to know if the restitution judgment may be enforced against exempt assets, …

United States May Garnish Wages of Head of Household To Collect Criminal RestitutionRead More

One of my clients disclosed that he was expecting to receive state money to compensate him for his injuries sustained as a result of a criminal attack in his home by an intruder. He had many debts, some of which were related to the crime including medical bills. He is interested in discharging all his …

Bankruptcy Exemption Of State Crime Victim CompensationRead More