Legal Opinion
In re Wiley
United States Bankruptcy Court, N.D. Florida
Decided June 3, 2016No. CASE NO.: 14-40450-KKSPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTIONS (Doc. 55)
KAREN K. SPECIE, United States Bankruptcy Judge
The Debtors own a home on the west coast of Florida, in the Panhandle. They claimed this home as their homestead under Florida’s Constitution and exemption statutes. The Trustee objected, asserting that the home does not qualify as homestead because the Debtors have never actually resided there. In Florida, in order for property to qualify as exempt homestead the owners must have an actual intention to reside on the property as their permanent place of residence, and they…
2Cases cited13 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Owen v. OwenSupreme Court of the United States · 1991
- Hillsborough Investment Co. v. WilcoxSupreme Court of Florida · 1943
- Quigley v. Kennedy & Ely Insurance, Inc.Supreme Court of Florida · 1968
- Musolino v. Sinnreich (In Re Sinnreich)Court of Appeals for the Eleventh Circuit · 2004
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re MartinezUnited States Bankruptcy Court, S.D. Florida. · 2019
- Coats v. CohenDistrict Court, M.D. Florida · 2023