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IN RE DUQUE

Bankruptcy No. 83-00903-BKC-TCB.

33 B.R. 201 (1983)

In re Alberto DUQUE, Debtor.

United States Bankruptcy Court, S.D. Florida.

August 11, 1983.

Attorney(s) appearing for the Case

Nancy Worth, Coral Gables, Fla., David Levine, Miami, Fla., for debtor.

ORDER DENYING CLAIMED HOMESTEAD EXEMPTION

THOMAS C. BRITTON, Bankruptcy Judge.

The issue here is whether a home owned by a corporation may be exempted from forced sale when claimed as a homestead by one who owns all the corporate stock. I hold that it cannot.

This chapter 11 debtor has claimed a homestead exemption for a Miami Beach home under Article X, § 4(a)(1), Florida Constitution, which exempts from forced sale a homestead "owned by the...

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