Legal Opinion
Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)
Court of Appeals for the First Circuit
Decided January 8, 1999No. 98-1365PublishedCited by 106 opinions
1Opinion of the Court
REAVLEY, Circuit Judge.
The question in this bankruptcy appeal is whether, under 11 U.S.C. § 522, a Chapter 7 debtor may assert a homestead exemption for his residence acquired after a debt and attachment of a lien, despite the Massachusetts statute excepting the preexisting lien and debt from homestead protection. The bankruptcy and district courts allowed the homestead protection because Bankruptcy Code § 522 preempted the state exceptions. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
The dispute centers on a debt and judicial lien, currently held by Patriot Portfolio, LLC (“Patriot”), and…
2Cases cited35 opinions
- Singleton v. WulffSupreme Court of the United States · 1976
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Armstrong v. United StatesSupreme Court of the United States · 1960
- United States v. Security Industrial BankSupreme Court of the United States · 1982
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