Friday, June 29, 2007

Former Spouse's Attorney Fee Dischargeable

(pre-BAPCPA) In reviewing the recent decision of In re Ensenat, Case No. 06-15979 (Isicoff J.)(Bankr. S.D. Fla. May 24, 2007), one is reminded how fact specific may be the determination of the extent of a Florida homestead exemption under Article X, Section 4(a)(1) of the Florida Constitution. The case involved a parcel of real property with two buildings. The first building was the debtors' home and the second building was a partially detached unit that was occupied by the debtors' niece, her son, and her boyfriend. The partially detached unit, which had its own kitchen and utility meters, was attached to the main house by a covered patio. The Court found that there was no payment of rent, but that the boyfriend paid their separate water and electric bill, mowed the lawn, and made various contributions, including the buying of groceries.
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