00610193.DOCX 

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

In re: Case No. 20-13949-BKC-PGH

IRIS ISABEL MORRELL

SS# XXX-XX-8679

Debtor

/

TRUSTEE, SCOTT N. BROWN’S (I) OBJECTION TO DEBTOR’S

CLAIMED HOMESTEAD EXEMPTION AND (II) MOTION TO COMPEL 

TURNOVER OF POST-PETITION RENTAL INCOME

Scott N. Brown, as Chapter 7 trustee of the Bankruptcy Estate of Iris Isabel Morrell (the 

“Trustee”), through counsel and pursuant to 11 U.S.C. §§ 105, 522, 541 and 542, and Federal Rule

of Bankruptcy Procedure 4003, files his (I) Objection to Debtor’s Claimed Homestead Exemption 

(the “Objection”) and (II) Motion to Compel Turnover of Post-Petition Rental Income (the 

“Motion to Compel”), and in support thereof, states as follows:

I. SUMMARY OF REQUESTED RELIEF

1. The Trustee seeks entry of an order: (a) determining that the Debtor is not entitled 

to exempt that portion of her Claimed Homestead Property (defined below) that is being rented to 

a non-family member for $1,000.00/month; (b) determining that the post-petition rental income is

property of the Estate pursuant to 11 U.S.C. § 541 and subject to turnover pursuant to 11 U.S.C. § 

542; (c) compelling the Debtor to immediately turn over the post-petition rental income to the

Trustee; and (d) directing the Debtor not to spend or otherwise dissipate the post-petition rental

income pending a ruling on the instant Objection and Motion to Compel Turnover. 

2. As detailed below, at the Section 341 Meeting of Creditors (the “341 Meeting”), 

the Debtor testified that she rents a portion of her Claimed Homestead Property to a non-family 

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member for $1,000.00/month and has been doing so for nearly ten (10) years. The rental income 

is reflected on Line 8 of Schedule “I.”

3. Accordingly, the Trustee asserts that: (a) the Debtor is not entitled to exempt that 

portion of the Claimed Homestead Property that is being rented; and (b) all post-petition rental 

income is property of the Estate and subject to turnover. The Trustee is cognizant of the Debtor’s 

financial condition and as a result, attempted in good faith to negotiate a consensual resolution of 

the relief sought herein, to no avail.

II. BACKGROUND

4. This case commenced with the filing of a voluntary Chapter 7 bankruptcy petition 

by the Debtor, Iris Isabel Morrell (the “Debtor”) on March 25, 2020 (the “Petition Date”). Shortly 

thereafter, Scott N. Brown was appointed as Chapter 7 trustee of the Debtor’s bankruptcy estate 

(the “Estate” or the “Bankruptcy Estate”).

5. The 341 Meeting was held and concluded on April 29, 2020. 

6. Accordingly, the original deadline for the Trustee to file objections to the Debtor’s 

claimed exemptions was May 29, 2020.

7. On May 29, 2020, this Court entered its Agreed Order Granting Trustee, Scott N. 

Brown’s Agreed Ex Parte Motion to Enlarge Time to File Objections to Debtor’s Claimed 

Exemptions (ECF No. 17) which enlarged the deadlines for the Trustee to file objections to the 

Debtor’s claimed exemptions up to and through June 29, 2020.

The Claimed Homestead Property and the Post-Petition Rental Income

8. Line 1.1 of the Debtor’s Schedule “A/B” lists her interest in the real property 

located at 6041 N.E. 5th Avenue, Fort Lauderdale, FL 33334 (the “Claimed Homestead Property”) 

with a scheduled value of $281,551.00.

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9. The Claimed Homestead Property is claimed as exempt on Schedule “C” pursuant 

to Florida’s Constitutional Homestead Exemption as well as Fla. Stat. 222.01 & 222.02. 

10. Schedule “D” reflects a $96,365.00 mortgage loan in favor of Chase Mortgage 

secured by the Claimed Homestead Property.

11. Schedule “I” reflects that the Debtor derives $1,000.00 per month in rental income, 

which the Debtor testified was from the rental of a portion of the Claimed Homestead Property to 

a non-family member. The Debtor testified that she has been renting a portion of the Claimed 

Homestead Property for approximately ten (10) years.

III. OBJECTION TO DEBTOR’S CLAIMED HOMESTEAD EXEMPTION

12. The caselaw is clear that the homestead exemption only extends to that portion of 

the property which a debtor uses as his or her residence and cannot include any portion which is 

rented to and occupied by a third party or used by the third party as his own business. See, e.g., In 

re Nofsinger, 221 B.R. 1018 (Bankr. S.D. Fla. 1998), In re Wierschem, 152 B.R. 345, 349 (Bankr. 

M.D. Fla. 1993).

13. Accordingly, the Trustee asserts that the Debtor is not entitled to exempt that 

portion of the Claimed Homestead Property that is rented to the non-family tenant, and objects to 

the claimed exemption of the Claimed Homestead Property. And because it appears that the 

Claimed Homestead Property is not divisible, the Trustee asserts that the only remedy is a sale of 

the Claimed Homestead Property by the Trustee with an apportionment of the sale proceeds. 

IV. MOTION TO COMPEL TURNOVER OF POST-PETITION RENTAL INCOME

14. The post-petition income derived from the rental of the Claimed Homestead 

Property - $1,000.00 per month - is property of the Estate pursuant to 11 U.S.C. § 541, and subject 

to turnover pursuant to §11 U.S.C. § 542.

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15. Accordingly, the Trustee seeks entry of an order compelling the Debtor to

immediately turn over all post-petition rental income.

WHEREFORE, Scott N. Brown, as Chapter 7 trustee of the Bankruptcy Estate of Iris 

Isabel Morrell, respectfully requests this Honorable Court enter an Order: (1) sustaining the instant 

Objection; (2) granting the instant Motion to Compel Turnover; (3) determining that the Debtor is 

not entitled to exempt that portion of the Claimed Homestead Property that is rented to the nonfamily tenant; (4) determining that the post-petition rental income is property of the Estate pursuant 

to 11 U.S.C. § 541 and subject to turnover pursuant to §11 U.S.C. § 542; (5) directing the Debtor 

to immediately turn over the post-petition rental income; (6) directing the Debtor not to spend or 

dissipate the post-petition rental income pending a ruling on the Objection and Motion to Compel 

Turnover; (7) authorizing the Trustee to sell the Claimed Homestead Property and apportion the 

sale proceeds; and (8) granting such other and further relief as this Court deems just and proper.

Respectfully submitted,

BAST AMRON LLP

Counsel for the Trustee, Scott N. Brown

SunTrust International Center

One Southeast Third Avenue, Suite 1400

Miami, Florida 33131

Telephone: 305.379.7904

Facsimile: 305.379.7905

Email: sbrown@bastamron.com

By:/s/ Scott N. Brown

 Scott N. Brown, Esq. (FBN 663077)

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served this 

29th day of June, 2020 as follows.

VIA CM/ECF

• Taji S Foreman tforeman@kahaneandassociates.com, 

bkecf@kahaneandassociates.com;mgranger@kahaneandassociates.com;5456272420@fil

ings.docketbird.com

• Conwade D. Lewis vwlewis@aol.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

VIA U.S. MAIL

Please see attached mailing matrix.

/s/ Scott N. Brown

Scott N. Brown, Esq.

Case 20-13949-PDR Doc 20 Filed 06/29/20 Page 5 of 6
 Label Matrix for local noticing JPMorgan Chase Bank, National Association Bank of America 

 113C-0 Kahane & Associates, P.A. 4909 Savarese Circle 

 Case 20-13949-PGH c/o Taji Foreman, Esq. Fl1-908-01-50 

 Southern District of Florida 8201 Peters Rd # 3000 Tampa, FL 33634-2413 

 Fort Lauderdale Plantation, FL 33324-3292 

 Mon Jun 29 16:14:18 EDT 2020 

 Capital One Chase Mortgage Comenity Bank/Dots 

 Attn: Bankruptcy Chase Records Center/Attn: Correspondenc Attn: Bankruptcy 

 Po Box 30285 Mail Code LA4 5555 700 Kansas Ln Po Box 182125 

 Salt Lake City, UT 84130-0285 Monroe, LA 71203 Columbus, OH 43218-2125 

 

 Midland Funding Midland Funding LLC Navient 

 Attn: Bankruptcy PO Box 290335 Attn: Bankruptcy 

 350 Camino De La Reine Ste 100 Tampa, FL 33687-0335 Po Box 9640 

 San Diego, CA 92108-3007 Wilkes-Barre, PA 18773-9640 

 Navy FCU Navy Federal Credit Union Navy Federal Credit Union 

 Attn: Bankruptcy Dept Attn: Bankruptcy Attn: Bankruptcy Dept 

 Po Box 3000 Po Box 3000 Po Box 3000 

 Merrifield, VA 22119-3000 Merrifield, VA 22119-3000 Merrifield, VA 22119-3000 

 Navy Federal Cu Office of the US Trustee One Advantage LLC 

 Attn: Bankruptcy 51 S.W. 1st Ave. PO Box 025437 

 Po Box 3000 Suite 1204 Miami, FL 33102-5437 

 Merrifield, VA 22119-3000 Miami, FL 33130-1614 

 (p)PORTFOLIO RECOVERY ASSOCIATES LLC Portfolio Recovery Associates LLC Synchrony Bank/ JC Penneys 

 PO BOX 41067 c/o Pollack & Rosen PA Attn: Bankruptcy 

 NORFOLK VA 23541-1067 806 Douglas Rd #200 Po B 965064 

 Coral Gables, FL 33134-2082 Orkando, FL 32896-5064 

 TD Bank USA NA Target Conwade D. Lewis Esq. 

 c/o RAS LaVrar LLC c/o Financial & Retail Srvs 3500 N State Rd 7 Ste#440 

 1133 S University Dr 2nd FL Mailstop BT POB 9475 Lauderdale Lakes, FL 33319-5627 

 Plantation, FL 33324-3303 Minneapolis, MN 55440-9475 

 Iris Isabel Morrell Scott N Brown 

 6041 NE 5 Ave 1 SE 3 Ave #1400 

 Ft Lauderdale, FL 33334-1942 Miami, FL 33131-1708 

 The preferred mailing address (p) above has been substituted for the following entity/entities as so specified 

 by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed.R.Bank.P. 2002 (g)(4). 

 Portfolio Recovery End of Label Matrix 

 Attn: Bankruptcy Mailable recipients 22 

 120 Corporate Blvd Bypassed recipients 0 

 Norfold, VA 23502 Total 22 

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