Legal Opinion

In re Cook

United States Bankruptcy Court, N.D. Florida

Decided December 2, 2013No. CASE NO.: 11-50287-KKSPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION OVERRULING OBJECTIONS TO DEBTORS’ CLAIM OF HOMESTEAD EXEMPTION (Doc. 68 & 69)

KAREN K. SPECIE, United States Bankruptcy Judge

A few months before filing their Chapter 7 petition the Debtors received an income tax refund of almost $185,000. They used $155,000 of the refund to make the down payment on a permanent home and another $20,000 to make needed repairs and improvements. During this time the Debtors were temporarily living in a mobile home and were liable on a commercial bank loan of about $3 million. The bank had not yet sued them, but had demanded payment. When loan…

2Cases cited22 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. A. v. Costantini v. Trans World Airlines and Does I Through XcCourt of Appeals for the Ninth Circuit · 1982
  3. Eagle Hospital Physicians, LLC v. SRG Consulting, Inc.Court of Appeals for the Eleventh Circuit · 2009
  4. In Re Freddie Maxton Bush, Debtor. Freddie Maxton Bush v. Balfour Beatty Bahamas, LimitedCourt of Appeals for the Eleventh Circuit · 1995
  5. Thomas F. Lovell v. James G. Mixon, TrusteeCourt of Appeals for the Eighth Circuit · 1983

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3Cited by4 opinions

  1. Harry Monroe Ashwood, V and Stacie Marie AshwoodUnited States Bankruptcy Court, N.D. Oklahoma · 2025
  2. Joshua Allen Ingram and Ashley IngramUnited States Bankruptcy Court, D. South Carolina · 2024
  3. Lien Acosta Mijares and Nayibi Perez Perez v. Soneet Kapila, Chapter 7 TrusteeDistrict Court, S.D. Florida · 2026
  4. Marc D Wolfson and Mary Anne WolfsonUnited States Bankruptcy Court, S.D. Florida. · 2023

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