BOYLE v. WEISS

SJC-10933.

461 Mass. 519 (2012)

ROBERTA A. BOYLE v. STEVEN WEISS, trustee in bankruptcy.

Supreme Judicial Court of Massachusetts, Suffolk.

February 16, 2012.


Attorney(s) appearing for the Case

Thomas F. Fleming for the plaintiff.

Steven Weiss ( David K. Webber with him) for the defendant.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


BOTSFORD, J.

In a proceeding under Chapter 7 of the United States Bankruptcy Code currently pending in the United States Bankruptcy Court for the District of Massachusetts, a question has arisen concerning the application of the Commonwealth's homestead protection statute, G. L. c. 188, § 1, as amended through St. 2004, c. 218, to a beneficiary of a trust. Finding no controlling precedent in our decisions, the Bankruptcy Court judge certified the following question...

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