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judge delano

In re Gentry

Ruling
Statement of intention to surrender property did not prevent debtor from claiming exemption.
Procedural posture

A chapter 7 trustee objected to a debtor's amended claim of homestead exemption under Fla. Const. art. X, § 4(a)(1) on the grounds that the debtor, having indicated his intent to surrender the property on the petition date, was not eligible for the exemption on that date.

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Consumer opinion summary, case decided on November 15, 2011 , LexisNexis #1211-011

In re Kulakowski

Ruling
Case dismissed for abuse on totality of circumstances after pooling of married couple debtors' assets.
Procedural posture

The U. S. Trustee and chapter 7 debtor filed cross-motions for summary judgment in connection with the Trustee's previously filed motion to dismiss the debtor's bankruptcy case pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(3).

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Consumer opinion summary, case decided on September 02, 2011 , LexisNexis #0911-128