Legal Opinion

In RE McCOMBER

United States Bankruptcy Court, D. Massachusetts

Decided January 12, 2010No. 09-43193PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JOEL B. ROSENTHAL, Bankruptcy Judge.

In this case, the Debtor, Edward T. McComber, seeks to amend his schedules to add a Massachusetts homestead exemption. The Trustee objects, arguing first that the amendment should be denied because it is sought in bad faith, and second that if the homestead exemption is allowed, it should not be interpreted to include a contiguous parcel of land not mentioned in the Declaration of Homestead. For the reasons set forth herein, the amendment is allowed, but the homestead exemption is limited to the property specifically described in the…

2Cases cited4 opinions

  1. Dwyer v. CempellinMassachusetts Supreme Judicial Court · 1996
  2. Hannigan v. White (In Re Hannigan)Court of Appeals for the First Circuit · 2005
  3. Shamban v. PerryBankruptcy Appellate Panel of the First Circuit · 2006
  4. Guillette v. Daly Dry Wall, Inc.Massachusetts Supreme Judicial Court · 1975

3Cited by3 opinions

  1. Danny LuuUnited States Bankruptcy Court, D. Massachusetts · 2022
  2. In re YounoszaiUnited States Bankruptcy Court, W.D. Kentucky · 2012
  3. Richard Dicato, Jr.United States Bankruptcy Court, D. Massachusetts · 2024

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