Legal Opinion

In re Swetic

United States Bankruptcy Court, M.D. Florida

Decided July 9, 2013No. Case No. 8:12-bk-09142-MGWPublished

1Opinion of the Court

Chapter 13

MEMORANDUM OPINION AND ORDER DENYING DEBTORS’ MOTION FOR RECONSIDERATION

Michael G. Williamson, United States Bankruptcy Judge

Section 443.051(2), Florida Statutes, provides that unemployment compensation *636“benefits due ... may not be ... encumbered and ... are exempt from all claims of creditors and from ... attachment ... for ... collection of a debt.” At the time they filed this case, the Debtors were holding $15,631 in accumulated unemployment compensation benefits. They claimed those benefits as exempt. But the Court ruled that section 443.051 only exempts benefits owing but not…

2Cases cited2 opinions

  1. Broward v. Jacksonville Medical CenterSupreme Court of Florida · 1997
  2. Trust Care Health Services v. Agency for Health Care AdministrationDistrict Court of Appeal of Florida · 2010

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