Legal Opinion

In Re Rodriguez

United States Bankruptcy Court, S.D. Florida.

Decided November 20, 1985No. 19-11965PublishedCited by 18 opinions

1Opinion of the Court

ORDER ON EXEMPTION

THOMAS C. BRITTON, Bankruptcy Judge.

The trustee’s objection (C.P. No. 7) to the debtors’ claimed exemption of certain improved real property valued at $80,000 was heard on November 14.

The exemption was claimed as a homestead under the Florida Constitution. The objection is that only the residence of the debtors is entitled to exemption and not the contiguous real property which is leased to and occupied by a third party.

A portion of the free-standing one-story building owned by the debtors in the city of Hialeah has been used as a residence by the debtors for six years. On…

2Cited by18 opinions

  1. Englander v. MillsCourt of Appeals for the Eleventh Circuit · 1996
  2. Matter of AliottaUnited States Bankruptcy Court, M.D. Florida · 1986
  3. In Re WierschemUnited States Bankruptcy Court, M.D. Florida · 1993
  4. In Re Edward EnglanderCourt of Appeals for the First Circuit · 1996
  5. Edward Leasing Corp. v. UhligDistrict Court, S.D. Florida · 1987

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