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Legal Opinion

In Re Rasmussen

United States Bankruptcy Court, M.D. Florida

Decided September 8, 2006No. 8:05-bk-20277-MGWPublishedCited by 30 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER OVERRULING TRUSTEE’S OBJECTION TO DEBTORS’ HOMESTEAD EXEMPTION

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

Under Florida law, debtors have an unlimited homestead exemption. However, new section 522(p) of the Bankruptcy Code 1 now caps the amount of a homestead exemption at $125,000 if a debtor acquires an interest in a homestead within 1,215 days of filing for bankruptcy. The debtors in this case acquired their homestead within 1,215 days of the date they filed their joint petition for bankruptcy. The chapter 7 trustee (“Trustee”) objected to the debtors’ claim of a…

2Cases cited30 opinions

  1. Bray v. Alexandria Women's Health ClinicSupreme Court of the United States · 1993
  2. Union Bank v. WolasSupreme Court of the United States · 1991
  3. Midrash Sephardi, Inc. v. Town of SurfsideCourt of Appeals for the Eleventh Circuit · 2004
  4. United States v. Gold Star Medical ServicesCourt of Appeals for the Eleventh Circuit · 1999
  5. In Re Victoria Johnston Laurain, Debtor. David G. Rogers, Trustee v. Victoria Johnston LaurainCourt of Appeals for the Sixth Circuit · 1997

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3Cited by30 opinions

  1. Wallace v. RogersCourt of Appeals for the Fifth Circuit · 2008
  2. In Re PrestoUnited States Bankruptcy Court, S.D. Texas · 2007
  3. In Re GattoUnited States Bankruptcy Court, M.D. Florida · 2008
  4. Khan v. Bankowski (Khan)Bankruptcy Appellate Panel of the First Circuit · 2007
  5. Soulé v. Willcut (In re Willcut)Bankruptcy Appellate Panel of the Tenth Circuit · 2012

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