Legal Opinion

In re Smither

United States Bankruptcy Court, D. Massachusetts

Decided November 30, 2015No. Case No. 14-40607-MSHPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON OBJECTION OF THE CHAPTER 7 TRUSTEE TO DEBTOR’S CLAIM OF HOMESTEAD EXEMPTION

Melvin S. Hoffman, U.S. Bankruptcy Judge

John A. Burdick, Jr., the chapter 7 trustee in this case, has objected to the claim of exemption by the debtor, Ernest Smith-er, Jr., in property located at 13 Presidential Drive, Southborough, Massachusetts. The trustee seeks denial of Mr. Smither’s homestead exemption claim in its entirety or, alternatively, a reduction in the value of his homestead claim pursuant to Bankruptcy Code § 522(o). Mr. Smither insists that his homestead exemption be…

2Cases cited12 opinions

  1. Law v. SiegelSupreme Court of the United States · 2014
  2. Owen v. OwenSupreme Court of the United States · 1991
  3. Schwab v. ReillySupreme Court of the United States · 2010
  4. LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
  5. Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999

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3Cited by6 opinions

  1. McDermott v. Crabtree (In re Crabtree)United States Bankruptcy Court, D. Minnesota · 2016
  2. McDermott v. Crabtree (In re Crabtree)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2017
  3. In re SavinoUnited States Bankruptcy Court, D. Massachusetts · 2016
  4. Brian Harold Fallon and Paula Marie FallonUnited States Bankruptcy Court, D. Massachusetts · 2025
  5. Johnnie Odessa JohnsonUnited States Bankruptcy Court, District of Columbia · 2022

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