Legal Opinion
In Re Ballato
United States Bankruptcy Court, M.D. Florida
Decided March 23, 2004No. 03-01382-8W7PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER GRANTING DEBTOR’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PETER PAUL MITRANO’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTIONS
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
In order to qualify for the Florida homestead exemption, there is no requirement that the homestead property owned by the debtor and the spouse be held as tenants by the entirety. Likewise, the exemption is not defeated simply because of the presence of renters where the homestead is otherwise used as a single-family residence occupied by the debtor. Finally, the debt- or will not be considered to have…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc.Court of Appeals for the Eleventh Circuit · 1991
- Milton v. MiltonSupreme Court of Florida · 1912
- In the Matter of Isidro C. Sandoval in the Matter of Martha C. Sandoval, Debtors. John Patrick Lowe v. Isidro C. Sandoval and Martha C. SandovalCourt of Appeals for the Fifth Circuit · 1997
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3Cited by8 opinions
- In Re GattoUnited States Bankruptcy Court, M.D. Florida · 2008
- In Re AlexanderUnited States Bankruptcy Court, M.D. Florida · 2006
- In Re KentUnited States Bankruptcy Court, M.D. Florida · 2009
- In Re FodorUnited States Bankruptcy Court, M.D. Florida · 2006
- In Re SpringmannDistrict Court, District of Columbia · 2005
3 more not listed; retrieve them via the Exa API.