Legal Opinion

In Re Guido

United States Bankruptcy Court, D. Massachusetts

Decided June 9, 2006No. 19-30049PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before this Court is the “Debtor’s Motion to Require Trustee to Abandon Burdensome Property” filed by Jule A. Guido (the “Debtor”). The case presents yet another gnarl in a long line of knotty problems relating to the intersection between the Bankruptcy Code 1 and the Massachusetts Homestead Statute. The permutation now before the Court is this: if a mortgage is 1) executed by a debtor before she records a declaration of homestead, but 2) recorded after the declaration of homestead is recorded, and 3) avoided, but preserved for the…

2Cases cited11 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
  3. Summit Investment and Development Corporation v. Edward G. Leroux, Jr., Summit Investment and Development Corporation v. Albert F. Curran, Sr.Court of Appeals for the First Circuit · 1995
  4. In Re DipalmaUnited States Bankruptcy Court, D. Massachusetts · 1982
  5. Atlantic Savings Bank v. Metropolitan Bank & Trust Co.Massachusetts Appeals Court · 1980

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Riley v. Sullivan (Sullivan)Bankruptcy Appellate Panel of the First Circuit · 2008
  2. Lassman v. OneWest Bank, FSB (In Re Swift)United States Bankruptcy Court, D. Massachusetts · 2011
  3. Grossman v. Madoff (In Re Fadili)United States Bankruptcy Court, D. Massachusetts · 2007
  4. In re DupuisUnited States Bankruptcy Court, D. Massachusetts · 2015
  5. Rafool v. Evans (In re Central Illinois Energy, L.L.C.)United States Bankruptcy Court, C.D. Illinois · 2012

2 more not listed; retrieve them via the Exa API.

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