In Re Bornstein

MEMORANDUM OPINION SUSTAINING CHAPTER 7 TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION

KAREN S. JENNEMANN, Bankruptcy Judge.

This case came on for hearing on August 9, 2005, on the Trustee’s Objection to Debtor’s Claim of Exemption (the “Objection”) (Doc. No. 8) and the Debtor’s Response (Doc. No. 14). The debtor and her family reside on one side of a duplex and rent the other. The issue is whether the debtor can claim the total value of a duplex as exempt homestead pursuant to Florida Constitution Article X, Section 4(a)(1). Upon consideration of the pleadings, evidence, positions of the…