Matter of Cooke

.ORDER ON OBJECTION TO REPORT OF EXEMPT PROPERTY

ALEXANDER L. PASKAY, Bankruptcy Judge.

The matter under consideration is the right of John L. Cooke, the above-named bankrupt to avail himself of the homestead benefits granted by Article X, Sec. 4 of the Constitution of Florida. The facts relevant and controlling in this controversy are without dispute and can be briefly summarized as follows:

On June 19, 1979, the bankrupt filed his voluntary petition and on Schedule B-4 claimed a residence located at 126 Coronet Drive, Ft. Myers Beach, Florida as his homestead and such is exempt from the claims…