IN RE FITZPATRICK

Case No. 6:14-bk-01690-KSJ

521 B.R. 698 (2014)

IN RE Crisalie Dela Cruz FITZPATRICK, Debtor.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

Signed December 18, 2014.


Attorney(s) appearing for the Case

Stephen J. Berlinsky, The Berlinsky Law Firm, PA, Haines City, FL, for Debtor.

John H. Meininger, III, John H. Meininger III PA, Orlando, FL, for Trustee.


Chapter 7

MEMORANDUM OPINION OVERRULING TRUSTEE'S OBJECTION TO EXEMPTIONS

KAREN S. JENNEMANN, Chief United States Bankruptcy Judge.

A debtor who does not affirmatively claim a homestead exemption but jointly owns a home with a non-debtor may claim the wildcard exemption under Florida Statute § 222.25(4) as long as the Chapter 7 trustee is not prevented from effectively administering the home. Here, the Debtor claimed...

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