Q: Is Publix stock exempt in chapter 7 bankruptcy? I've never purchased any but receive some every year from the company.
All eligible employees get them free of charge, however, I cannot touch them unless my employment with Publix ends for any reason. Then the funds are available immediately, without age limit ( do not have to wait until retirement age to access the funds). I also have some Publix stocks in my retirement plan (401K). A third way to acquire these stocks is to purchase them but I've never done that. Publix is an employee owned company, which seems to make this issue a little tricky. I'm thinking about filing but only if i don't lose these stocks
A:
For as long as I've been practicing, Florida has been known as a debtor's haven, one of the most generous, along with Texas, to those who owe money to others.
While you don't mention the form of your expected bankruptcy case, the definition of what's includable in your bankruptcy "estate", pursuant to 11 USC Section 541 is quite broad, and most probably reaches the stock interests you hope to protect.
You can google the exempt property categories/values available to you in FL, but I strongly recommend that you meet and speak with a Florida bankruptcy attorney to discuss, frankly, your intentions and concerns.
Timothy Denison agrees with this answer
A: It is likely not exempt, although depending on the value, you may be able to protect it with your FLorida or federal exemptions. Consult an experienced bankruptcy lawyer to review your entire financial situation.
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