No. 80-5426.

683 F.2d 130 (1982)

In the Matter of: John L. COOKE, individually and d/b/a J. L. Cooke Realty and Maureen E. Cooke, Bankrupt. John L. COOKE, Plaintiff-Appellant, v. Sonia URANSKY, Trustee, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

August 19, 1982.

Attorney(s) appearing for the Case

Philip L. Burnett, Fort Myers, Fla., for plaintiff-appellant.

Pavese, Shields, Garner, Haverfield, Kluttz & Cottrell, Robert L. Donald, Cape Coral, Fla., for defendant-appellee.

Before TJOFLAT, HATCHETT and THOMAS A. CLARK, Circuit Judges.


The issue presented in this appeal is whether in a voluntary bankruptcy proceeding, a foreigner visiting the United States as a tourist may place a residence owned in Florida beyond the reach of creditors under the homestead exemption provisions of the Florida Constitution. We affirm the district court by answering that question in the negative.

Appellant, Cooke, filed a voluntary petition in bankruptcy in the United States District Court for the...

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