In re Barandiaran

ORDER SUSTAINING TRUSTEE’S OBJECTION TO DEBTOR’S CLAIM OF EXEMPTION (Doc. 10)

JEFFERY P. HOPKINS, Bankruptcy Judge.

Introduction

Pursuant to Florida Statutes section 222.25(4), a debtor in bankruptcy may *843exempt his interest in personal property, not to exceed $4,000, if the debtor does not claim or receive the benefits of a homestead exemption under Article X, Section 4 of the Florida Constitution.1 As noted in the Florida Supreme Court’s decision in Osborne v. Dumoulin, 55 So.3d 577 (Fla. 2011), a debtor in bankruptcy, in certain circumstances, can still “receive the benefits” of Florida’s…