Leslie S. Osborne, Appellant v. Denise J. Dumoulin, Appellee

Summary

The court held that a debtor who does not claim Florida’s constitutional homestead exemption in bankruptcy may claim the statutory $4,000 personal-property exemption if the homestead does not otherwise impede the trustee’s administration of the estate. The relevant benefits are limited to protection of the homestead from creditors, and eligibility must be determined based on the debtor’s circumstances at the time the personal-property exemption is asserted. The court answered the rephrased certified question in the negative.