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IN RE LANDAHL

No. 8:05-bk-17064-KRM.

338 B.R. 920 (2006)

In re Gaylord Philip LANDAHL, Debtor.

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

March 2, 2006.

Attorney(s) appearing for the Case

Sheila D. Norman, Tampa, FL, for Debtor.

Dennis J. LeVine, Tampa, FL, for Lauren Greene, Chapter 7 Trustee.

MEMORANDUM OPINION DENYING DEBTOR'S MOTION FOR SUMMARY JUDGMENT

K. RODNEY MAY, Bankruptcy Judge.

Is new Bankruptcy Code Section 522(p), which would limit the homestead exemption to $125,000 if the debtor has not owned the residence for 1,215 days before filing, inapplicable in opt-out states like Florida? This issue has already been decided by several courts, one of which held that the Section 522(p) cap does not apply in an opt-out state.

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