Legal Opinion
Colwell v. Royal International Trading Corp. (In Re Colwell)
Court of Appeals for the Eleventh Circuit
Decided November 19, 1999No. 98-5626PublishedCited by 14 opinions
Non-Argument Calendar.
1Per curiam
The Colwells jointly filed a Chapter 7 bankruptcy case. Although Florida law does not recognize legal separations the Colwells had been separated for 3½ years before filing the petition. Prior to the bankruptcy petition each had acquired a separate home and had obtained a separate homestead exemption on that home.
Florida has chosen to opt out of federal exemptions and elected to apply its own. 11 U.S.C. § 522(b)(1); Fla. Stat. §§ 222.21 and 222.20; 3 Collier on Bankruptcy, § 522.08 at 522-44, n. 8a. The Colwells asserted to the bankruptcy court that Article X, § 4 of the Florida constitution…
2Cases cited5 opinions
- Public Health Tr. of Dade Cty. v. LopezSupreme Court of Florida · 1988
- Snyder v. DavisSupreme Court of Florida · 1997
- Radin v. RadinDistrict Court of Appeal of Florida · 1992
- Law v. LawDistrict Court of Appeal of Florida · 1999
- In Re ColwellUnited States Bankruptcy Court, S.D. Florida. · 1997
3Cited by14 opinions
- Chira v. SaalCourt of Appeals for the Eleventh Circuit · 2009
- Menchise v. Akerman SenterfittCourt of Appeals for the Eleventh Circuit · 2008
- In Re BoothUnited States Bankruptcy Court, M.D. Florida · 2009
- In re PaceUnited States Bankruptcy Court, N.D. Mississippi · 2014
- Neilson v. Laing (In Re Laing)United States Bankruptcy Court, M.D. Florida · 2005
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