Section 522(p) Limitation on Homestead

Passive Homestead Appreciation Not Subject to $125,000.00 Cap

02/14/14

Bankruptcy Judge K. Rodney May from the Middle District of Florida held that the equity passively resulting from market appreciation is not to be counted towards the $125,000.00 cap placed by 11 USC 522 (p) on a homestead exemption for property "acquired" during the 1,215 prepetition period.

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