Legal Opinion

In re Cunningham

United States Bankruptcy Court, D. Massachusetts

Decided April 24, 2002No. 01-13700-JNFPublished

1Opinion of the Court

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is the Chapter 7 Trustee’s Objection to Exemption Claimed in Real Estate. The Debtors filed a Response to the Objection, and the Court heard the matter on February 5, 2002. The issue presented is whether Eileen Cunningham’s ownership interest in that portion of residential property in which she does not reside can be claimed as exempt. The Court took the matter under advisement and directed the parties to file briefs. For the reasons stated in In re Brizida, 276 B.R. 316 (Bankr.D.Mass.2002), as well as for…

2Cases cited10 opinions

  1. Atlantic Savings Bank v. Metropolitan Bank & Trust Co.Massachusetts Appeals Court · 1980
  2. Bates v. BatesMassachusetts Supreme Judicial Court · 1867
  3. Gottsch v. IrelandSupreme Court of Oklahoma · 1961
  4. In Re BrizidaUnited States Bankruptcy Court, D. Massachusetts · 2002
  5. Thurston v. MaddocksMassachusetts Supreme Judicial Court · 1863

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