Legal Opinion

In re Mitchell

United States Bankruptcy Court, S.D. Florida.

Decided March 1, 1982No. Bankruptcy No. 81-02012-BKC-TCBPublished

1Opinion of the Court

ORDER ALLOWING EXEMPTION

THOMAS C. BRITTON, Bankruptcy Judge.

This debtor has claimed exemptions as “the head of a family” under Article X, § 4, Florida Constitution. The claimed exemptions include a homestead at 20445 N.W. 45 Avenue in Miami. The trustee objects to the claimed exemption of the real property. The matter was heard on February 24.

The facts are not disputed. The debtor is not married. She has maintained a household with her unmarried younger sister and her sister’s two minor children since 1978. The home claimed as exempt is owned by the debtor and her sister as tenants in common.…

2Cases cited4 opinions

  1. Solomon v. DavisSupreme Court of Florida · 1958
  2. In Re Kionka's EstateDistrict Court of Appeal of Florida · 1959
  3. In Re Kionka's EstateSupreme Court of Florida · 1960
  4. Smith v. StewartDistrict Court of Appeal of Florida · 1980

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