Legal Opinion
In Re Boucher
United States Bankruptcy Court, D. Massachusetts
Decided December 2, 1996No. 10-19177PublishedCited by 18 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
The chapter 7 trustee, John A. Burdick, Jr. (the “Trustee”), objects to the claim to a Massachusetts homestead exemption made by Dennis M. Boucher (the “Debtor”). Claims held by some creditors were in existence prior to the Debtor’s prebankruptcy declaration of his residence as his homestead, so .that under Massachusetts law these debts are not subject to the exemption. The question arises whether this limitation by Massachusetts on its homestead exemption is effective in bankruptcy.
Massachusetts is not among the many states that have chosen to…
2Cases cited15 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.Court of Appeals for the Sixth Circuit · 1983
- In the Matter of Thomas Yale McManus and Betty Sue Smith McManus Bankrupts. Thomas Yale McManus and Betty Sue Smith McManus v. Avco Financial Services of Louisiana, Inc., in the Matter of Wallace Gipson and Bobbie Phenix Gipson, Bankrupts. Blazer Financial Services, Inc., Creditor/appellant v. Wallace Gipson and Bobbie Phenix Gipson, Debtors/appelleesCourt of Appeals for the Fifth Circuit · 1982
- Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. NuckollsCourt of Appeals for the Fourth Circuit · 1985
- In Re MillerUnited States Bankruptcy Court, D. Massachusetts · 1990
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
- Bruin Portfolio, LLC v. Leicht (In Re Leicht)Bankruptcy Appellate Panel of the First Circuit · 1998
- In Re BetzUnited States Bankruptcy Court, D. Massachusetts · 2002
- In Re Whalen-GriffinUnited States Bankruptcy Court, D. Massachusetts · 1997
- In Re StrandbergUnited States Bankruptcy Court, D. Rhode Island · 2000
13 more not listed; retrieve them via the Exa API.