Florida’s “Wildcard” exemption

Florida Statutes 222.25(4) allows an additional $4,000.00 personal property exemption for debtor’s who do not “claim or receive the benefits of a homestead exemption under s. 4, Art x of the State Constitution.”  If a debtor still lives in his homestead, but does not claim it exempt, is he still entitled to the “wildcard” $4,000.00 exemption?  Bankruptcy court have considered this question under various circumstances and have not agreed on the answer.  This question has been certified to the Florida Supreme Court by the 11th Circuit Court of appeals. This case, Osborne v. Dumoulin, SC09-751 has been briefed, was argued on March 4, 2010, but no opinion has been released yet.  To read the briefs, visit http://www.floridasupremecourt.org/clerk/briefs/2009/601-800/index.shtml. The Business Law Section of the Florida Bar has filed an Amicus brief supporting the debtor. Ineresting reding.