In the Matter Of: John L. Cooke, Individually and D/B/A J. L. Cooke Realty and Maureen E. Cooke, Bankrupt. John L. Cooke v. Sonia Uransky, Trustee

The issue presented in this appeal is whether in a voluntary bankruptcy proceeding, a foreigner visiting the United States as a tourist may place a residence owned in Florida beyond the reach of creditors under the homestead exemption provisions of the Florida Constitution. We affirm the district court by answering that question in the negative.

Appellant, Cooke, filed a voluntary petition in bankruptcy in the United States District Court for the Middle District of Florida. In his petition, he claimed a residence he owned in Fort Myers Beach, Florida, as homestead property exempted from the…