Sometimes, a Judgment Lien from Foreclosure Can Be Avoided as Homestead Impairment
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
%1
Gerrymandering to Create an Accepting Class Didn’t Pass Muster in Orlando, Fla.
Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.
Lack of Permanent Resident Status Doesn’t Always Defeat a Homestead Exemption
Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.
Joint Tax Refund Isn’t Estate Property in Florida if Only One Spouse Files Bankruptcy
When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.
Anonymous Messages Calling the Debtor a Philanderer Isn’t a Stay Violation
Harassing a former lover isn’t an automatic stay violation.
Hotel Isn’t ‘Single Asset Real Estate’ and Is Eligible for Subchapter V Reorganization
Apartment buildings are single asset real estate, but hotels aren’t, says Orlando’s Bankruptcy Judge Karen Jennemann.
Only Noncitizens with ‘Green Cards’ Qualify for a Florida Homestead Exemption
Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.