In Re Gentry

MEMORANDUM OPINION ON TRUSTEE’S OBJECTION TO EXEMPTION AND DEBTOR’S OBJECTION TO TRUSTEE’S NOTICE OF INTENT TO SELL

CARYL E. DELANO, Bankruptcy Judge.

In order to qualify for the Florida homestead exemption, a debtor must reside in Florida and intend to make his home his permanent residence. In this case, the Chapter 7 trustee (“Trustee”) objected to the Debtor’s claim of homestead exemption because the Debtor’s Statement of Intention filed on the petition date stated that the Debtor intended to surrender his residence to the mortgagee. The Statement of Intention is, by itself, insufficient to…