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Spendthrift trusts are technically not "exempt" from the bankruptcy estate, but are "excluded" from the bankruptcy estate pursuant to section 541(d) [24] of the Bankruptcy Code. A spendthrift trust is a creature of Florida state law and must meet is requirements in order to be considered a spendthrift trust. [25]
The Internal Revenue Service's policy is to be reluctant to foreclose on taxpayer's homes to enforce these liens, often only being satisfied if the real property is sold or mortgaged before the tax lien expires. Florida's Supreme Court recently held Florida's homestead exemption may be waived in the limited exception of a bankruptcy proceeding. [3]
However, states are sovereign entities and they cannot transfer their police power (e.g. power to raise taxes) to creditors or other entities. [8] Hence, both the Contract Clause and state constitutional provisions are weighed against the public interest behind the potential bankruptcy and the necessity and reasonableness of the legislation.
Homes cost more in St. Lucie and Indian River counties in October compared to September, but less in Martin County: St. Lucie County: $398,165, up from $394,500 Indian River County: $391,150, up ...
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
However, if condo owners have a tough time selling, there could be a “ripple effect” on the amount of buyers looking to purchase single-family homes. Overall, though, Florida real estate ...
Prior to this, it had been investigated by the federal government for two years for falsely inflating the prices of houses. In a plea agreement, GDC "agreed in principle" to make a restitution fund for those who bought homes between January 1, 1982 and December 31, 1989. [8] It would later file for Chapter 11 bankruptcy in April. [9]
Egypt Sherrod and Mike Jackson are the stars of HGTV's 'Married to Real Estate.' Here are 10 facts about the celebrity design duo that you might not know. 10 Facts About 'Married to Real Estate ...