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IN RE KELLEY

Bankruptcy No. 81-572-Orl-BK-GP, Adv. No. 81-432.

21 B.R. 375 (1982)

In re Mattye M. KELLEY, Debtor. Mattye M. KELLEY, Plaintiff, v. FIRST SECURITY NATIONAL BANK & TRUST COMPANY; Lionel Silberman, Trustee; and The State of Florida, Defendants.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

July 1, 1982.

Attorney(s) appearing for the Case

Irving B. Gussow, Orlando, Fla., for plaintiff/debtor.

Raymond J. Rotella, Orlando, Fla., for First Sec. Nat. Bank & Trust Co.

Bruce Barkett, Tallahassee, Fla., for State of Fla.

Lionel H. Silberman, Orlando, Fla., for Trustee.

John C. Morland, Washington, D.C., for United States.

MEMORANDUM DECISION

GEORGE L. PROCTOR, Bankruptcy Judge.

Plaintiff seeks to declare Florida Statute 222.20 unconstitutional. Plaintiff is a single person residing in the State of Florida who filed a voluntary petition under Chapter 7 of the Bankruptcy Code. The State of Florida, in accordance with 11 U.S.C. § 522(b), enacted Florida Statute 222.20, which precludes citizens of Florida from utilizing federal exemptions provided under the Bankruptcy Code...

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