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In re Alexander

United States Bankruptcy Court for the Middle District of Florida

346 B.R. 546 (2006)

Facts

Merry Alexander (plaintiff) was the sole trustee and primary beneficiary of a 2002 revocable trust holding title to a homestead property located at 305 Spring Court, in which she had continuously and exclusively resided since 1995. Alexander’s two children were the secondary beneficiaries. In 2005, Alexander filed for Chapter 7 voluntary bankruptcy and claimed that 305 Spring Court was her homestead and therefore exempt from creditor claims under Florida’s homestead exemption. The Slatkin Trustee, one of Alexander’s unsecured creditors, and the Chapter 7 Trustee (Trustees) (defendants) filed a motion for summary judgment, arguing that 305 Spring Court did not qualify as Alexander’s homestead because it was owned by the revocable trust and not by a natural person. Alexander opposed, arguing that she retained the equivalent of absolute ownership and occupation rights to 305 Spring Court because she was the revocable trust’s sole trustee and primary beneficiary.

Rule of Law

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Issue

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Holding and Reasoning (Williamson, J.)

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