Legal Opinion
Garran v. SMS Financial V, LLC (In Re Garran)
Court of Appeals for the First Circuit
Decided July 28, 2003No. 02-2033PublishedCited by 57 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
In’ this bankruptcy appeal arising from a Chapter 7 proceeding, we are asked to determine whether two Massachusetts homestead exemptions can be “stacked” to permit a double exemption for a debtor who claims on the basis of such stacking that a judicial lien impairs the value of his exemption. Citizens Bank of Massachusetts holds a judicial lieri on the property owned by David Garran, the debtor in this petition, and his wife. At issue is whether David Garran is entitled to claim both his $300,000 exemption as a disabled person, pursuant to Mass. Gen. Laws Ann. ch. 188, §…
2Cases cited11 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
- Rutanen v. BaylisCourt of Appeals for the First Circuit · 2002
- East Cambridge Savings Bank v. Silveira (In Re Silveira)Court of Appeals for the First Circuit · 1998
- Shamban v. MasidloverMassachusetts Supreme Judicial Court · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Stornawaye Financial Corp. v. HillCourt of Appeals for the First Circuit · 2009
- Massey v. Pappalardo (Massey)Bankruptcy Appellate Panel of the First Circuit · 2012
- William J. Pasquina, P.C. v. Cunningham (In Re Cunningham)District Court, D. Massachusetts · 2006
- Hildebrandt v. Collins (In Re Hildebrandt)Bankruptcy Appellate Panel of the First Circuit · 2005
- In Re LeighUnited States Bankruptcy Court, D. Massachusetts · 2004
52 more not listed; retrieve them via the Exa API.