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Marika Tolz, Trustee v. Robert M. Prestwood, Colleen M Prestwood a/k/a Colleen Murphy, and Lauren Financial Services Inc. (In re Prestwood), Adv. No. 03-6609, Case No. 02-23764-BKC-PGH-7 (02/09/2005) (322 B.R. 463) -- Judge Thomas S. Utschig

Case Summary:
Debtor was entitled to claim Florida homestead exemption over objection of trustee. Trustee contended that the debtor was not a Florida resident and had instead claimed a California property as his residence. Notwithstanding conflicting testimony about the status of the Florida home as a “vacation property,” the court found that the debtor did reside in Florida and had intended to remain in Florida but for marital discord over the issue.

Statute/Rule References:
11 U.S.C. § 522(d) -- Exemptions - Federal


Date: 
Wednesday, February 9, 2005