Legal Opinion
Houghton v. Szwyd (Szwyd)
Bankruptcy Appellate Panel of the First Circuit
Decided July 6, 2007No. BAP No. MW-06-035. Bankruptcy No. 05-50837-HJBPublishedCited by 9 opinions
1Opinion of the Court
Introduction
KORNREICH, Bankruptcy Judge.
This appeal by Jack E. Houghton, Jr., the chapter 7 trustee, is from the bankruptcy court’s order overruling his objection to the debtor’s claim of a homestead exemption under Massachusetts law.
The debtor, Edward R. Szwyd, was the sole trustee and sole beneficiary of the nominee trust holding legal title to his principal residence. He attempted to acquire an estate of homestead by recording a declaration as beneficiary of the nominee trust holding title to the property. The chapter 7 trustee’s primary objection is that the debtor, as the holder of a…
2Cases cited24 opinions
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
- Robert Industries, Inc. v. SpenceMassachusetts Supreme Judicial Court · 1973
- Michelin Tires (Canada) Ltd. v. First National Bank of BostonCourt of Appeals for the First Circuit · 1981
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Khan v. Bankowski (Khan)Bankruptcy Appellate Panel of the First Circuit · 2007
- Aroesty v. Bankowski (In Re Aroesty)Bankruptcy Appellate Panel of the First Circuit · 2008
- Boyle v. WeissMassachusetts Supreme Judicial Court · 2012
- In re CorbettUnited States Bankruptcy Court, D. Massachusetts · 2012
- United States v. Houghton (In Re Szwyd)District Court, D. Massachusetts · 2009
4 more not listed; retrieve them via the Exa API.