Legal Opinion

In re Nazario

United States Bankruptcy Court, D. Puerto Rico

Decided July 15, 2015No. CASE NO. 13-05391 (MCF)Published

1Opinion of the Court

OPINION AND ORDER

MILDRED CABAN FLORES, U.S. Bankruptcy Judge

The question before the Court is whether the lease of the lower level of a two-*2story residence disqualifies a bankruptcy debtor from claiming the homestead exemption under Puerto Rico law. The matter under advisement comprises the Chapter 13 trustee’s objection to the debtor’s claim of homestead exemption (Docket Nos. 12, 21, 38 and 59) and the debtor’s opposition thereto (Docket Nos. 17, 30, 36, 48 and 46). For the reasons stated herein, we hold that the debtor is entitled to claim an indivisible homestead exemption over his…

2Cases cited18 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Ruiz v. Bally Total Fitness Holding Corp.Court of Appeals for the First Circuit · 2007
  3. Boivin v. BlackCourt of Appeals for the First Circuit · 2000
  4. Plumley v. Southern Container, Inc.Court of Appeals for the First Circuit · 2002
  5. Eagle Pipe and Supply, Inc. v. Amerada Hess CorporationSupreme Court of Louisiana · 2011

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