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Ponoroff is a life-long resident of Florida. He owns a home with a current value of $300,000, which is subject to a first mortgage lien
Ponoroff is a life-long resident of Florida. He owns a home with a current value of $300,000, which is subject to a first mortgage lien of $345,000, and a second mortgage in the amount of $50,000. Ponoroff has had some extraordinary expenses arising out of litigation with Markell over royalties. Because he wants to keep his house, Ponoroff files chapter 13. In his list of exempt property filed with his petition Ponoroff does not list an exemption for his residence. He does, however, (i) strip-off the second mortgage as an unsecured claim under section 1322(b)(2), and (ii) claims $4,000 in personal property exemptions based on a Florida statute that permits a wildcard exemption in that amount for debtors who do not receive the benefit of a homestead exemption. The Chapter 13 trustee has objected to this exemption on the ground that Ponoroff, by retaining and residing in his home, is receiving the benefit of the homestead exemption even thought he has not claimed it. Thus, the trustee contends Ponoroff cannot use the state wildcard provision. Who should prevail on the trustee's objection?
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In this scenario the Chapter 13 trustee has objected to Ponoroffs claim of a 4000 personal property exemption under a Florida statute arguing that Pon...Get Instant Access to Expert-Tailored Solutions
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