SC09-751 – Leslie S. Osborne v. Denise J. Dumoulin

State: Florida

Docket No: SC09-751

Case Date: 02/03/2011

Preview:Supreme Court of Florida
_____________ No. SC09-751 _____________

LESLIE S. OSBORNE, Appellant, vs. DENISE J. DUMOULIN, Appellee.

[February 3, 2011]

CANADY, C.J. In this case we consider the circumstances under which a debtor is entitled to the statutory $4000 personal property exemption from legal process for debtors who do not claim or receive the benefit of a homestead exemption. We have for review a question certified by the United States Court of Appeals for the Eleventh Circuit regarding the meaning of section 222.25(4), Florida Statutes (2007)-- which contains the personal property exemption--that is determinative of an issue in a bankruptcy case pending in that court and for which there appears to be no controlling precedent from this Court:

Whether a debtor who elects not to claim a homestead exemption and indicates an intent to surrender the property is entitled to the additional exemptions for personal property under Fla. Stat.

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