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Florida Exemption of Other States’ 529 College Plans

Client lives in California and has purchased a Virginia based 529 college savings.  His financial adviser told him that Virginia plans offer advantageous investment options. The client says that...

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How To Organize a Business Conducted on Florida Homestead Property

A client wants to operate a software business on his Florida homestead property located outside a municipality. He is concerned about asset protection. He wants to build a separate building on the...

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Bankruptcy Court Addresses Self-employed Head of Household Exemption

I have written a few blog posts in past years concerning the ability of self-employed debtors to assert a head of household exemption from wage garnishment under Florida Statute 222.11. There have...

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How Long Does Judgment Attach To Real Property?

A client suffered a judgment twelve years ago, and the creditor recorded the judgment in the county where the debtor resides. The debtor has moved to a new home in 2013, and he rented the old home. He...

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Homestead Protection of Fire Insurance Proceeds

A reader asks in an email whether a creditor can go after fire insurance proceeds owed to the debtor by the fire insurance company for a fire loss suffered to the debtor’s Florida homestead ? The...

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Uptick in Mortgage Deficiency Claims Prior to July Deadline

Any mortgage lender that has foreclosed on a property from the beginning of the housing recession through June 30, 2012, has until July 1, 2014 to move for a deficiency claim or their deficiency claim...

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Deferred Compensation As Exempt Wages

One of my clients inquired about the exemption of proceeds from a deferred compensation plan. He wanted to know if his deferred compensation was protected as either deferred wages paid to a head of...

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Homestead Right of Non-Resident Spouse Living Outside Florida

A New York attorney states that he represents a married couple that jointly owns a house in Florida. The wife is subject to a civil judgment entered by a New York court. The spouses maintain separate...

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Florida Exemptions Do Not Protect You In Other States’ Courts

A former client had a judgment entered against him in a New York. The debtor/client lived and worked in Florida. He supported his wife. His employer had offices in Florida and New York, and it paid...

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Avoiding Hidden Defect Loss From Sale of Florida Homestead

Selling a homestead property that you have lived in for many years can be emotionally stressful as well as being financially important. The homestead sale may become a nightmare if your purchasers are...

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