Legal Opinion

In Re Freeman

United States Bankruptcy Court, M.D. Florida

Decided April 30, 2008No. 6:07-bk-05516-KSJPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION OVERRULING TRUSTEE’S OBJECTION TO DEBTOR’S EXEMPTIONS

KAREN S. JENNEMANN, Bankruptcy Judge.

The debtor, Sabrina Ann Freeman, has claimed her anticipated federal tax refund of $1,339 as exempt from claims of her creditors, relying first on personal property exemptions provided by the Florida Constitution, Article X, Section 4(a)(2), 1 and Florida Statute § 222.25(4), 2 and second upon Section 522(b)(3)(B) of the Bankruptcy Code, 3 which allows a debtor to exempt property owned as a tenant by the entireties. The debtor also claimed her Florida home exempt because she and her…

2Cases cited10 opinions

  1. Beal Bank, SSB v. Almand and AssociatesSupreme Court of Florida · 2001
  2. United States v. One Single Family Residence With Out Buildings Located at 15621 S.W. 209th AvenueCourt of Appeals for the Eleventh Circuit · 1990
  3. Bailey v. SmithSupreme Court of Florida · 1925
  4. Winters v. ParksSupreme Court of Florida · 1956
  5. In Re FranzeseUnited States Bankruptcy Court, M.D. Florida · 2008

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3Cited by8 opinions

  1. In Re GarbettUnited States Bankruptcy Court, E.D. Tennessee · 2009
  2. Holber v. Jacobs (In Re Jacobs)United States Bankruptcy Court, E.D. Pennsylvania · 2009
  3. In re NewcombUnited States Bankruptcy Court, M.D. Florida · 2012
  4. Stevenson v. Uttermohlen (In re Uttermohlen)District Court, M.D. Florida · 2012
  5. Gregory Todd GivansUnited States Bankruptcy Court, M.D. Florida · 2021

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