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Public Benefits Exemptions — State System

Florida Law — Public Benefits Exemptions

Federal "Non-Bankruptcy" Public Benefits exemptions
(available in if using state system)

Public Benefits Exemptions — Federal System §522(d)

Can Florida debtors use the Federal Bankruptcy exemptions instead of Florida exemptions?

No, except as to exemptions provided by 11 U.S.C. § 522(d)(10). Fla. Stat. §§ 222.20, 222.201

The Federal Bankruptcy Exemptions under 11 U.S.C. § 522(d) are available to you if

  • you haven't lived in any state longer than 180 days for a while,
  • or
  • if your state allows the Federal exemptions as a choice.

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Jurisdictional relevance: ST

There are versions of this article for each State.