Legal Opinion
In Re Carey
United States Bankruptcy Court, D. Massachusetts
Decided August 21, 2002No. 19-40023PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON TRUSTEE’S OBJECTION TO CLAIM OF HOMESTEAD EXEMPTION
CAROL J. KENNER, Bankruptcy Judge.
John J. Carey (the Debtor) asserts a claim of exemption as to his home, a three-family house. He claims the real property as exempt under the Massachusetts homestead statute, G.L. c. 188, § 1. He and his family occupy only one of the three dwelling units. The Chapter 7 Trustee, Stephen E. Shamban, objects to the claim of exemption, arguing that, under G.L. c. 188, a homeowner can establish an estate of homestead as to only the portion of the property that he or she uses (or intends…
2Cases cited2 opinions
- Shamban v. MasidloverMassachusetts Supreme Judicial Court · 1999
- In Re BrizidaUnited States Bankruptcy Court, D. Massachusetts · 2002
3Cited by5 opinions
- In re HamiltonUnited States Bankruptcy Court, D. New Mexico · 2011
- In Re GrayUnited States Bankruptcy Court, D. Massachusetts · 2007
- In Re SpringmannDistrict Court, District of Columbia · 2005
- In Re KellyUnited States Bankruptcy Court, D. Massachusetts · 2005
- Majewski v. Connecticut Natural Gas (In Re Majewski)United States Bankruptcy Court, D. Connecticut · 2007