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IN RE CEMPELLIN

Bankruptcy No. 94-15492-WCH.

175 B.R. 1 (1994)

In re Joseph J. CEMPELLIN and Adele Cempellin, Debtors.

United States Bankruptcy Court, D. Massachusetts.

December 6, 1994.

Attorney(s) appearing for the Case

Kathleen P. Dwyer, Ardiff & Morse, Chapter 7 Trustee, Danvers, MA.

William F. Kahn, Beverly Farms, MA, for debtors.

DECISION ON TRUSTEE'S OBJECTION TO CLAIM OF EXEMPTION

WILLIAM C. HILLMAN, Bankruptcy Judge.

Kathleen P. Dwyer, the Chapter 7 Trustee ("Trustee") objected to the debtors' claim of a $92,000 exemption in their residence pursuant to M.G.L. c. 188, § 1. The objection was based upon the fact that the Declaration of Homestead names both of the debtors as declarants.

It appears that the debtors acquired the property in both of their names without any...

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