In re Valone

Chapter 13

MEMORANDUM OPINION SUSTAINING TRUSTEE’S OBJECTIONS TO PROPERTY CLAIMED AS EXEMPT

Caryl E. Delano, United States Bankruptcy Judge

Florida Statute § 222.25(4) permits an individual who does not receive the benefit of Florida’s constitutional homestead exemption to claim an expanded exemption in personal property, not to exceed $4,000.00. The Florida Supreme Court ruled in Osborne v. Dumoulin1 that a bankruptcy debtor who does not claim his homestead property as exempt may cease to receive the benefit of Florida’s homestead exemption. The court concluded that if the homestead exemption…