Legal Opinion

In Re Bennett

United States Bankruptcy Court, D. Maine

Decided February 14, 1996No. 12-21490PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES B. HAINES, Jr., Bankruptcy Judge.

Frank and Ann Marie Bennett (“Bennetts” or “debtors”) assert exemption rights in a parcel of largely unimproved real estate. The Chapter 7 trustee objects. For the reasons set forth below, I conclude that, although the debtors’ claim to a “residence” exemption in the property rest on a strong emotional foundation, its legal foundation is too shaky to support it. The trustee’s objection will be sustained. 1

Facts

In 1986 Mrs. Bennett’s mother gave the debtors a house lot in Lisbon Falls, Maine, located next door to her own home. 2…

2Cases cited18 opinions

In Re DodgeUnited States Bankruptcy Court, E.D. California · 1992
Farm Credit Bank of Wichita v. Hodgson (In Re Hodgson)District Court, D. Kansas · 1994
In Re BrentUnited States Bankruptcy Court, D. Vermont · 1987
In Re GrindalUnited States Bankruptcy Court, D. Maine · 1983
In the Matter of Janis A. Claflin, A/K/A Janis Armstrong, Debtor. Hillock Homes, Inc. v. Janis A. Claflin, A/K/A Janis ArmstrongCourt of Appeals for the Fifth Circuit · 1985

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

3Cited by15 opinions

In Re DeMasiDistrict Court, D. Rhode Island · 1998
In Re GandyUnited States Bankruptcy Court, S.D. Texas · 2005
In Re ManUnited States Bankruptcy Court, M.D. North Carolina · 2010
In Re ToppiUnited States Bankruptcy Court, D. Maine · 2007
Sikirica v. Yanovich (In re Yanovich)United States Bankruptcy Court, W.D. Pennsylvania · 2016

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