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Possibly they would've appeared significantly less out of position if we were not just a couple of minutes faraway from professional medical town, the University of Central Florida's sprawling new campus of hospitals and instructing facilities that's getting to be a magnet for Orlando-location builders. Its gleaming new VA clinic loomed forward.
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The debtor in Englander owned a house on about 1 acre in just a municipality, plus the house could not be legally subdivided as a result of community zoning polices. The debtor claimed a homestead exemption for a part of the property that surrounded the nonexempt part, removing any reasonable access to the nonexempt portion and rendering it valueless. The courtroom, in achieving its summary that the homestead designation sought for any portion of the home was inappropriate, mentioned the debtor’s “endeavor at homestead exemption ‘gerrymandering’ was Evidently in terrible faith.”8 the individual bankruptcy court granted the debtor an exemption inside a portion of the proceeds being derived with the sale of the assets equivalent to the worth of one-half acre.nine the court of appeals reasoned that a sale and apportionment of the gross sales proceeds is undoubtedly an equitable solution that permits for the right recognition of your debtor’s homestead and affords creditors some pleasure of their claims.
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