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DWYER v. CEMPELLIN

Civ. A. No. 95-10179-RGS.

189 B.R. 230 (1995)

Kathleen P. DWYER, Chapter 7 Trustee, Appellant, v. Joseph J. CEMPELLIN and Adele Cempellin, Appellees.

United States District Court, D. Massachusetts.

October 27, 1995.

Attorney(s) appearing for the Case

Kathleen P. Dwyer, Trustee, Robert L. Holloway, Jr., Stephen J. Drohosky, Ardiff & Morse, P.C., Danvers, MA, for Appellant.

William F. Kahn, Community Legal Services, Beverly Farms, MA, for Appellees.

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...

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