M.D. Florida· 10/8/2008

In Re Bennett

Citations

395 B.R. 781
21 Fla. L. Weekly Fed. B 538
2008 Bankr. LEXIS 2856
2008 WL 4490714

How courts have described this case

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

describing certain advantages that do not constitute a benefit of the Homestead Exemption in an analysis that was adopted in Dumoulin.
“A debtor who does not claim the Homestead Exemption may still receive its benefits in certain limited circumstances that can only be determined on a case-by-case basis, after a fact-intensive inquiry.”
“Whether a debtor has equity in the property, lives in the home, or enjoys any other types of tax benefits has no relevance to the question of whether a debtor receives the benefits of the Florida Homestead Exemption.”
“There would be no reason for the legislature to have allowed the exemption for a debtor who ‘does not claim or receive the benefits of if it truly meant merely that a debtor ‘could claim’ or ‘is eligible to claim’ the Homestead Exemption.”
“The general benefits of owning a home are also irrelevant to this analysis. Whether a debtor has equity in the property, lives in the home, or enjoys any other types of tax benefits has no relevance to the question of whether a debtor receives the benefits of the Florida Homestead Exemption.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michael G. Williamson

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