In Re Rye

MEMORANDUM

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court for determination is an “Objection by Trustee to Debtor’s Claims of Exemptions” (the “Trustee’s Objection”) filed by the Trustee in Bankruptcy, Harold B. Murphy, and the “Debtor’s Response to Trustee’s Objection to Debtor’s Claim of Exemptions” (the “Debtor’s Response”) filed by the debtor, John Van Rye (the “Debtor”). The issue before the Court is whether a Trustee in Bankruptcy has standing to object to a debtor’s claim of homestead exemption under Massachusetts General Laws, ch. 188, § 1, if there exists any pre-existing debt.

I.…