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