In Re Cempellin

DECISION ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION

WILLIAM C. HILLMAN, Bankruptcy Judge.

Kathleen P. Dwyer, the Chapter 7 Trustee (“Trustee”) objected to the debtors’ claim of a $92,000 exemption in their residence pursuant to M.G.L. c. 188, § 1. The objection was based upon the fact that the Declaration of Homestead names both of the debtors as declarants.

It appears that the debtors acquired the property in both of their names without any indication of the nature of their estates or indication of their marital state. 1 The lapse is corrected by M.G.L. c. 184 § 7 which provides that such a…