In Re Lisowski: Florida Bankruptcy Court Decision Grants Separate Exemption For Mobile Homes

An Opinion By The Great Bankruptcy Judge, The Honorable Paul M. Glenn

By Jay Weller

A 2008 United States Bankruptcy Court Decision by the Honorable Paul M Glenn, held that Florida’s Modular Home Exemption which permits Debtors who own a mobile home that is used as their Residence, and is located on leased land, does not implement the Florida Homestead Exemption, but is a separate Exemption, and can be applied under the more favorable Personal Property Exemption.

In the Chapter 7 Bankruptcy Case, the Debtor, Richard Lisowski, claimed his mobile home on leased property under Florida Statute Section 225.05, the Modular Home Exemption. The Debtor also attempted to Claim $4,000 in Personal Property Exempt under Section 222.25(4) of the Florida Statutes.

Generally, in a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, if the Debtor Claims the Homestead Exemption, he is only entitled to Claim as Exempt, $1,000 in Personal Property. However, the Debtor did not need to Claim the Homestead Exemption because of Florida Statute Section 22.05 which provides:

Any person owning and occupying any dwelling house, including a mobile home as his residence, or modular home, on land not his own or her own which he or she may lawfully possess, by lease or otherwise, and claiming such house, mobile home, or modular home as his or her homestead, shall be entitled to the exemption of such house, mobile home, or modular home from levy and sale as aforesaid.