Legal Opinion

In re Geiger

United States Bankruptcy Court, M.D. Florida

Decided November 21, 2016No. Case No. 8:14-bk-02490-MGWPublishedCited by 1 opinion

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON HOMESTEAD EXEMPTION

Michael G. Williamson, Chief United States Bankruptcy Judge

In order for real estate to qualify for the Florida homestead exemption,1 a debt- or must possess the intent to make the property a permanent homestead, and must couple that stated intention with evidence that even if the property is uninhabitable (as is the case here), the property is capable of occupancy and that the debtor has taken steps to make the property habitable for occupancy as a permanent homestead. In this case, the Debtor took title to the subject property…

2Cases cited10 opinions

  1. Orange Brevard Plumbing & Heating Co. v. La CroixSupreme Court of Florida · 1962
  2. Hillsborough Investment Co. v. WilcoxSupreme Court of Florida · 1943
  3. Drucker v. RosensteinSupreme Court of Florida · 1882
  4. Semple v. SempleSupreme Court of Florida · 1921
  5. In Re BennettUnited States Bankruptcy Court, M.D. Florida · 2008

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3Cited by1 opinion

  1. In re GamboaUnited States Bankruptcy Court, S.D. Florida. · 2017

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