Legal Opinion

In re VanBuskirk

United States Bankruptcy Court, D. Massachusetts

Decided May 20, 2014No. 13-41947-MSHPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON THE TRUSTEE’S OBJECTION TO EXEMPTION

MELVIN S. HOFFMAN, Bankruptcy Judge.

This matter arises from the objection of Steven Weiss, the chapter 7 trustee of the estate of the debtors in this case, Joseph C. VanBuskirk and Patricia A. VanBus-kirk, to the homestead exemption claimed by them in their home identified as unit 1, 11 Moffa Lane, Marlborough, Massachusetts.

Facts

The facts are drawn from the parties’ agreed statement and relevant documents attached to various pleadings, the authenticity of which the parties have not questioned.

The Debtors acquired real property…

2Cases cited22 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Morgan v. CommissionerSupreme Court of the United States · 1940
  3. Johnston v. Holiday Inns, Inc.Court of Appeals for the First Circuit · 1979
  4. Dwyer v. CempellinMassachusetts Supreme Judicial Court · 1996
  5. State Street Bank & Trust Co. v. ReiserMassachusetts Appeals Court · 1979

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3Cited by4 opinions

  1. Stillwater Liquidating LLC v. Net Five at Palm Pointe, LLC (In re Stillwater Asset Backed Offshore Fund Ltd.)United States Bankruptcy Court, S.D. New York · 2016
  2. In re NewcombUnited States Bankruptcy Court, D. Massachusetts · 2014
  3. In re SullivanUnited States Bankruptcy Court, D. Massachusetts · 2016
  4. Ryan J LoughlinUnited States Bankruptcy Court, D. Maryland · 2021

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