Legal Opinion

In re Fitzpatrick

United States Bankruptcy Court, M.D. Florida

Decided December 18, 2014No. Case No. 6:14-bk-01690-KSJPublished

1Opinion of the Court

Chapter 7

MEMORANDUM OPINION OVERRULING TRUSTEE’S OBJECTION TO EXEMPTIONS

KAREN S. JENNEMANN, Chief United States Bankruptcy Judge

A debtor who does not affirmatively claim a homestead exemption but jointly owns a home with a non-debtor may claim the wildcard exemption under Florida Statute § 222.25(4) as long as the Chapter 7 trustee is not prevented from effectively administering the home. Here, the Debt- or claimed the wildcard exemption in lieu of claiming a homestead exemption. The Chapter 7 Trustee objected1 because the Debtor owns her home with her non-debt- or husband. Because the…

2Cases cited10 opinions

  1. Beal Bank, SSB v. Almand and AssociatesSupreme Court of Florida · 2001
  2. In Re FranzeseUnited States Bankruptcy Court, M.D. Florida · 2008
  3. In Re MagelitzUnited States Bankruptcy Court, N.D. Florida · 2008
  4. Osborne v. DumoulinSupreme Court of Florida · 2011
  5. In Re WatfordUnited States Bankruptcy Court, S.D. Florida. · 2010

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