Legal Question in Bankruptcy in Florida

Income Exemptions

I receive military retired pey, civil service retired annuity, social security and veteran's disability benefits aswell as distribution from my IRA. Are any of these payments exempt for Chapter 3? Also is my and my wife's IRAs exempt?


Asked on 2/19/02, 5:03 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Income Exemptions

All of the items you mention are exempt from the reach of creditors. However in Ch13 you must use your income, even exempt income, to fund the plan. You should consult with counsel to determine the best course of action to take. If you are in south Florida call for an appointment.

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Answered on 2/20/02, 8:01 pm
Anthony Comparetto Comparetto Law Firm

Re: Income Exemptions

Boy you have all of the exempt benefits! Normally, all of the benfits you described are exempt...but in chapter 13 you must devote the income you recieve from them to fund your plan. Talk with an attorney to come up with a good plan.

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Answered on 2/19/02, 10:44 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Income Exemptions

All of those sources are exempt...but why are you considering Ch 13? Your income will be consumed in funding a plan. If you have no other assets to protect, consider Ch 7. Your residence is also exempt.

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Answered on 2/19/02, 10:55 pm


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