In Re Abbott

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “The benefits contemplated under the statute are those derived from the constitutional homestead exemption, i.e., protecting the home from forced sale by creditors.”
• “Therefore, whether a debtor acquires equity in the property in the future is irrelevant to the issue of whether the debtor receives the benefits of the homestead exemption as of the petition date.”
• “By not claiming the homestead exemption in bankruptcy, the debtor ceases to receive the benefit of protecting the home from the claims of creditors and takes the chance that the trustee may administer the property.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Osborne v. Dumoulin
  Supreme Court of Florida· 2011-02-03· cited 19×
• In Re Watford
  S.D. Florida· 2010-04-13· cited 5×
• In Re Archer
  S.D. Florida· 2009-10-02· cited 3×
• In Re Iuliano
  M.D. Florida· 2010-12-28· cited 2×
• In re Walton
  S.D. Florida· 2013-11-15· cited 1×

Cites

10 cases in this archive are cited by this case.

• In the Matter of Richard E. BARKER, Debtor-Appellant
  Seventh Circuit· 1985-07-23· cited 135×
• In Re Gatto
  M.D. Florida· 2008-07-07· cited 26×
• In Re Franzese
  M.D. Florida· 2008-02-19· cited 25×
• In Re Bennett
  M.D. Florida· 2008-10-08· cited 23×
• In Re Magelitz
  N.D. Florida· 2008-04-28· cited 18×
• In Re Morales
  S.D. Florida· 2008-01-02· cited 16×
• In Re Rogers
  M.D. Florida· 2008-08-19· cited 11×
• In Re Hafner
  N.D. Florida· 2008-02-21· cited 5×
• Zupansic v. Hyman (In Re Zupansic)
  M.D. Florida· 2001-03-05· cited 5×
• In Re Oliver
  S.D. Florida· 2008-10-08· cited 2×