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Bankruptcy Exemption Questions

Do you need help filing for an exemption? Or, need to know who qualifies? Exemption is a vast subject which is related to various aspects such as income, homestead, religion, research, and so on. The process of understanding these options and incorporating the actions required to claim these exemptions can be a daunting task for anyone without proper knowledge on the subject. Below are a few questions answered by Experts to give you a basic understanding and insights.

Can a person reapply for exemption if the previous one was denied by the judge?

Another exemption can be filed if the previous denial was “without prejudice.” This allows you to re-apply based on new grounds and request for a reconsideration hearing with the judge. You will need to show additional facts and evidence or procedural errors from the judge for this to be granted.

Is there a sub category to list “other exemptions” in the claim form, if so what are they?

1. Personal Property

  • Prepaid hurricane, medical, college savings account.
  • Federal income tax refunds, health aids, motor vehicle up to $1,000.
  • Any personal property from $1,000 to $4,000 if there is no homestead claim.
  • Funeral contract deposits.

2. Wages

  • Head of family is allowed 100% earnings of up to $750 a week. Applicable to paid or unpaid wages and wages deposited in a bank account for up to six months.

3. Pensions

  • State, county officers, and employees
  • Fire fighters and police officers
  • Teachers

4. Public benefits

  • Unemployment compensations, veteran’s benefits, social security, worker’s compensation and other public assistance programs.
  • Crime victim’s compensation unless being used for crime related treatment.
  • Alimony and child support

5. Insurance

  • Death benefits payable to a specific beneficiary
  • Annuity contract proceeds excluding winnings from lottery
  • Disability or illness benefits
  • Fraternal benefit society benefits

6. Miscellaneous

  • Damages to employees for injuries obtained from hazardous occupations.

Are three owners allowed this claim in the construction industry?

In construction, business entities cannot be combined to receive more than three exemptions. The operations of the businesses would be separate under separate licenses and operate together on projects. When it concerns a construction company the owner is also a part of the insurance requirement unless the owner categorically files for exemption.

In New Jersey, can a parent claim religious exemption for a child against the flu shot?

In many cases, you will be allowed to claim exemption on the flu shot for your child. However, it will be difficult to claim this for only shot in the name of religion. Most states provide official forms to fill and submit but New Jersey does not have this option. What you can do is address a letter to the school administration and the health department explaining the reasons why it is against your religion. There is no requirement to support your beliefs through a clergy or physician. It would be wise to have your letter notarized.

Can a corporation in Florida file homestead exemption?

Corporations by themselves cannot file this claim. The exemption of $25,000 in Florida is meant for the actual dweller of the residence. A person has to live where you claim homestead exemption and this is where the corporation does not meet the criteria. A domicile homestead can be filed in Florida only if domicile or residence is carried out for a minimum of six months in a year. The person whose name is on the deed as recorded in the Florida Tax Collectors office would be the person to claim homestead exemption.

Exemption can be of different types and related to different subjects. Each will have rules, eligibility and procedures to follow. It can be overwhelming to interpret what you can claim as well as dealing with the general procedural requirements that it may involve. Therefore, to understand more about this and to ensure you do not lose out on any opportunities or rights, Expert’s can guide you with necessary and important information and clarify your doubts.

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