Legal Opinion
Shamban v. Perry
Bankruptcy Appellate Panel of the First Circuit
Decided October 4, 2006No. BAP No. MB 06-007. Bankruptcy No. 05-22435-WCHPublishedCited by 21 opinions
1Per curiam
Stephen E. Shamban, Chapter 7 Trustee (the “Trustee”), appeals from the bankruptcy court’s February 24, 2006, order overruling his objection to the Debtor’s claim of homestead exemption in real property under Mass. Gen. Laws ch. 188, § 1. The issue on appeal is whether a declaration of homestead which is recorded simultaneously with the filing of a voluntary bankruptcy petition is valid under Massachusetts state law. For the following reasons, the bankruptcy court’s decision is AFFIRMED.
BACKGROUND
This case presents a highly unusual fact pattern. Joseph Perry (the “Debtor”) owns real estate…
2Cases cited16 opinions
- White v. StumpSupreme Court of the United States · 1924
- 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
- Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Aroesty v. Bankowski (In Re Aroesty)Bankruptcy Appellate Panel of the First Circuit · 2008
- Matos v. Rivera (In re Matos)Bankruptcy Appellate Panel of the First Circuit · 2012
- Houghton v. Szwyd (Szwyd)Bankruptcy Appellate Panel of the First Circuit · 2007
- In Re ToppiUnited States Bankruptcy Court, D. Maine · 2007
- In re CarpenterUnited States Bankruptcy Court, D. Rhode Island · 2016
16 more not listed; retrieve them via the Exa API.