Legal Opinion

Dwyer v. Cempellin

Massachusetts Supreme Judicial Court

Decided December 23, 1996PublishedCited by 65 opinions

1Opinion of the CourtAbrams, J.

The United States District Court for the District of Massachusetts has certified two questions to this court. See S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981). The questions concern the proper construction of the homestead statute, G. L. c. 188, § 1 (1994 ed.).

We summarize the agreed facts. In October, 1981, husband and wife, Joseph J. Cempellin and Adele Cempellin (debtors), and John Cempellin acquired a residence as joint tenants, each holding an undivided one-third interest in the property. On November 13, 1981, the debtors recorded a declaration of homestead which they both had…

2Cases cited9 opinions

  1. Animal Rescue League v. Assessors of BourneMassachusetts Supreme Judicial Court · 1941
  2. In Re MillerUnited States Bankruptcy Court, D. Massachusetts · 1990
  3. Burrows v. BurrowsSupreme Court of Oklahoma · 1994
  4. In Re Property Seized From BlySupreme Court of Iowa · 1990
  5. Atlantic Savings Bank v. Metropolitan Bank & Trust Co.Massachusetts Appeals Court · 1980

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3Cited by65 opinions

  1. Shamban v. MasidloverMassachusetts Supreme Judicial Court · 1999
  2. Treglia v. MacDonaldMassachusetts Supreme Judicial Court · 1999
  3. Shamban v. PerryBankruptcy Appellate Panel of the First Circuit · 2006
  4. In Re WebberUnited States Bankruptcy Court, D. Massachusetts · 2002
  5. Khan v. Bankowski (Khan)Bankruptcy Appellate Panel of the First Circuit · 2007

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