Legal Opinion
In re Mendoza
United States Bankruptcy Court, S.D. Florida.
Decided March 4, 2019No. CASE NO. 18-13386-RAMPublishedCited by 4 opinions
1Opinion of the Court
Robert A. Mark, Judge United States Bankruptcy Court
The trustee in this chapter 7 case objects to the debtors' attempt to utilize the federal personal property exemptions. On the petition date, the debtors, who are Venezuelan citizens, were lawfully residing in Florida and had the actual intent to permanently reside in Florida. The issue is, were they "domiciled" in Florida and, therefore, subject to Florida exemptions when, on the petition date, they had a pending application for political asylum? This Court says yes. The fact that their right to remain in the United States was subject to…
2Cases cited23 opinions
- Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
- Minick v. MinickSupreme Court of Florida · 1933
- Sudomir v. McMahonCourt of Appeals for the Ninth Circuit · 1985
- Hillsborough Investment Co. v. WilcoxSupreme Court of Florida · 1943
- Holley v. LavineCourt of Appeals for the Second Circuit · 1977
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3Cited by4 opinions
- Adaluz Rojas De BauerUnited States Bankruptcy Court, M.D. Florida · 2021
- In re: Cynthia M. DavisUnited States Bankruptcy Court, W.D. Texas · 2026
- JUAREZ COYOY v. United StatesDistrict Court, D. New Jersey · 2021
- McCallan v. WilkinsDistrict Court, M.D. Alabama · 2022