Legal Opinion
In Re Duque
United States Bankruptcy Court, S.D. Florida.
Decided August 11, 1983No. 19-12597PublishedCited by 8 opinions
1Opinion of the Court
ORDER DENYING CLAIMED HOMESTEAD EXEMPTION
THOMAS C. BRITTON, Bankruptcy Judge.
The issue here is whether a home owned by a corporation may be exempted from forced sale when claimed as a homestead by one who owns all the corporate stock. I hold that it cannot.
This chapter 11 debtor has claimed a homestead exemption for a Miami Beach home under Article X, § 4(a)(1), Florida Constitution, which exempts from forced sale a homestead “owned by the head of a family”. The title to the home is held by Domino Investments, Ltd., a foreign corporation.
A major creditor, Credit Lyonnais, objected, under 11…
2Cases cited9 opinions
- Bessemer Properties, Inc. v. GambleSupreme Court of Florida · 1946
- Doing v. RileyCourt of Appeals for the Fifth Circuit · 1949
- Ed Dills, D/B/A Mid-Georgia Supply v. The City of Marietta, Georgia, and Mayor and Council of the City of Marietta, GeorgiaCourt of Appeals for the Eleventh Circuit · 1982
- Beall v. PinckneyCourt of Appeals for the Fifth Circuit · 1945
- William Joseph Manda, Bankrupt v. Don C. Sinclair, TrusteeCourt of Appeals for the Fifth Circuit · 1960
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
- In Re AlexanderUnited States Bankruptcy Court, M.D. Florida · 2006
- In Re DeanUnited States Bankruptcy Court, S.D. Florida. · 1995
- In Re McAteeUnited States Bankruptcy Court, N.D. Florida · 1993
- Steffen v. United States (In Re Steffen)District Court, M.D. Florida · 2009
3 more not listed; retrieve them via the Exa API.