Cocoa Beach, FL asked in Appeals / Appellate Law and Bankruptcy for Florida

Q: I am in a class action E.R.I.S.A case before the 4th circuit court of appeals-Is my award judgement proof in a chap 7 bk

If I file Pro Se chapter 7 in Fl, am I subject to lose my award? All my debts are unsecured- If decisions affirmed, I expect no more than 30,000.00 I am retired,existing on s.s. benefits-I cannot afford Atty and have been unable to get legal assistance- If my award is not going to be exempt - I will forego bankruptcy and let the judgement and lien process happen and file a year or two after receiving award. I have been unable to determine whether my award will be exempt-Please inform me if you are able. Thank-You

1 Lawyer Answer

A: If your Employee Retirement Income Security Act claim pertains to a pension, yes it is probably a contingent, exempt asset. See Florida Statute 222.21,

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