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In re Mesa

United States Bankruptcy Court for the Southern District of Florida

232 B.R. 508 (1999)

Relevant factsFree

Alberto Mesa (Mesa) and Keith McKay bought a home together as tenants in common. McKay funded major renovations to the home using checks he fraudulently caused to be issued from his former employer, Travelers Indemnity Company (Travelers) — some paid directly to Mesa, some to Mesa's mother, and some to contractors. Mesa later filed for bankruptcy and claimed the homestead exemption under the Florida Constitution to protect his interest in the house. Travelers objected to the exemption, arguing Mesa knew the renovation funds were tainted.

IssueFree

Whether a homestead exemption will be granted for property used as an instrumentality of fraud.

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