Legal Opinion
Dwyer v. Cempellin
District Court, D. Massachusetts
Decided October 27, 1995No. Civ. A. 95-10179-RGSPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER FOR CERTIFICATION
STEARNS, District Judge.
This is an appeal from an order of the Bankruptcy Court overruling an objection by Kathleen P. Dwyer, the Chapter 7 Trustee for debtors Joseph and Adele Cempellin. The Trustee objected to the Cempellin’s claim of a $92,000 exemption in their residence pursuant to the homestead statute, M.G.L. c. 188, § 1. The Trustee based her objection on the fact that the Cempellins had filed a joint declaration of homestead when the statute (as in effect when the declaration was filed) stipulated that “only one owner may acquire an…
2Cases cited5 opinions
- In Re MillerUnited States Bankruptcy Court, D. Massachusetts · 1990
- Atlantic Savings Bank v. Metropolitan Bank & Trust Co.Massachusetts Appeals Court · 1980
- In Re LoveUnited States Bankruptcy Court, E.D. North Carolina · 1984
- Commissioner of Revenue for the Massachusetts v. First Software Corp. (In Re First Software Corp.)District Court, D. Massachusetts · 1988
- In Re GiarrizzoUnited States Bankruptcy Court, D. Massachusetts · 1991
3Cited by4 opinions
- Shamban v. PerryBankruptcy Appellate Panel of the First Circuit · 2006
- In Re BalliranoUnited States Bankruptcy Court, D. Massachusetts · 1999
- Aetna Casualty & Surety Co. v. Rodco AutobodyDistrict Court, D. Massachusetts · 1996
- In Re GaudreaultUnited States Bankruptcy Court, D. Massachusetts · 2004