IN RE MAZON

No. 9:05-BK-04213-MGW.

368 B.R. 906 (2007)

In re Bernard C. MAZON and Jane I. Mazon, Debtors.

United States Bankruptcy Court, M.D. Florida, Ft. Myers Division.

May 11, 2007.


Attorney(s) appearing for the Case

Christian B. Felden, Felden and Felden, Naples, FL, for Debtors.


MEMORANDUM DECISION ON TRUSTEE'S MOTION TO SURCHARGE DEBTORS' EXEMPT PROPERTY

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

A trustee may equitably surcharge a debtor's statutory exemptions when the debtor has failed to schedule and turn over estate assets. A homestead exempt under Florida's constitutional exemption, however, may not be so surcharged unless the estate assets can be traced into the acquisition of an interest in the homestead...

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