Legal Opinion

In Re Dowell

United States Bankruptcy Court, M.D. Florida

Decided September 22, 2011No. 8:10-bk-07228-MGWPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER ON TRUSTEE’S OBJECTION TO EXEMPTIONS

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

Like most states, Florida allows a personal property exemption for “professionally prescribed health aids.” A device that attaches to the steering wheel of a motor vehicle qualifies as a health aid when it is uniquely suited and principally used to mitigate a disabled driver’s physical impairment and restore the functionality of driving. The vehicle itself may be exempt if it is uniquely suited and primarily used for transportation to and from essential medical care. Simply attaching a…

2Cases cited15 opinions

  1. United States v. Security Industrial BankSupreme Court of the United States · 1982
  2. J. Kenneth Rhodes, Debtor v. Larry Stewart, TrusteeCourt of Appeals for the Sixth Circuit · 1983
  3. Norwest Bank Nebraska, N.A. v. TvetenCourt of Appeals for the Eighth Circuit · 1988
  4. In Re GattoUnited States Bankruptcy Court, M.D. Florida · 2008
  5. In Re KirbyUnited States Bankruptcy Court, M.D. Florida · 1998

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3Cited by3 opinions

  1. Gregory Todd GivansUnited States Bankruptcy Court, M.D. Florida · 2021
  2. Gregory Todd GivansUnited States Bankruptcy Court, M.D. Florida · 2021
  3. In the Matter of Tammy Michelle LenearUnited States Bankruptcy Court, N.D. Georgia · 2026

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