In re Christie

Full title: In re KENNETH C. CHRISTIE et al., Debtors

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

Date published: Jan 22, 2003

Case No. 02-14218-8C7 (Bankr. M.D. Fla. Jan. 22, 2003)

Opinion

Case No. 02-14218-8C7

January 22, 2003

ORDER SUSTAINING TRUSTEE'S OBJECTION TO DEBTORS' CLAIM OF HOMESTEAD EXEMPTION

C. TIMOTHY CORCORAN, III, United States Bankruptcy Judge

This case came on for consideration of the Chapter 7 trustee's objection to the debtors' claim of homestead exemption (Document No. 4). The court conducted a preliminary hearing on October 29, 2002. At that hearing, the trustee and debtors' counsel agreed to submit the dispute to the court on stipulated facts. As a consequence, the court entered a scheduling order (Document No. 19), the parties filed a stipulation of facts (Document No. 22), and the parties filed their briefs (Documents Nos. 23, 24, and 25).

The parties' stipulation of facts is short and simple. There is no need for the court to repeat the facts here. In short, the debtors live on a 38-foot power boat. The case presents the question of whether Floridians can claim an ordinary boat as their homestead for constitutional exemption purposes.

The majority of the courts that have considered the issue generally conclude that an ordinary boat does not qualify for homestead exemption under Florida law. In re Hacker, 260 B.R. 542 (Bankr.M.D.Fla. 2000); In re Brissont, 250 B.R. 413 (Bankr.M.D.Fla. 2000); In re Major, 166 B.R. 457 (Bankr.M.D.Fla. 1994). See also In re Walter, 230 B.R. 200 (Bankr.S.D.Fla. 1999). Although there is a case that holds otherwise, In re Mead, 255 B.R. 80 (Bankr.S.D.Fla. 2000), it seems to be in the clear minority.

Upon the court's review and study of these authorities, the court is persuaded that the majority view is the better-reasoned view. In addition, the court notes that the cases comprising this view are all decided by colleagues in the Middle District of Florida, whereas the minority view is decided by a judge from the Southern District of Florida. Uniformity of decision within the same court constitutes another reason to align myself with the majority view.

For these reasons, the court sustains the trustee's objection to the debtors' claim of homestead exemption. Accordingly, the debtors' 1988 Regal 38-foot power boat is property of the bankruptcy estate subject to administration by the Chapter 7 trustee.