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IN RE WEINSTEIN

No. 98-1365.

164 F.3d 677 (1999)

In re Harry W. WEINSTEIN, Debtor. Patriot Portfolio, LLC, Appellant, v. Harry W. Weinstein, et al., Appellees.

United States Court of Appeals, First Circuit.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Jeffrey D. Ganz, with whom Kevin J. Simard and Riemer & Braunstein were on brief, for appellant.

Joseph P. Bernardo for appellees.

Anne M. Lobell, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Frank W. Hunger, Assistant Attorney General, Donald K. Stern, United States Attorney, and William Kanter, Attorney, were on brief for the United States.

John Rao and National Consumer Law Center, Inc. on brief for National Association of Consumer Bankruptcy Attorneys, amicus curiae.

Before BOUDIN, Circuit Judge, REAVLEY, Senior Circuit Judge, and LIPEZ, Circuit Judge.

REAVLEY, Circuit Judge.

The question in this bankruptcy appeal is whether, under 11 U.S.C. § 522, a Chapter 7 debtor may assert a homestead exemption for his residence acquired after a debt and attachment of a lien, despite the Massachusetts statute excepting the preexisting lien and debt from homestead protection. The bankruptcy and district courts allowed the homestead protection because Bankruptcy Code § 522 preempted the state exceptions. We affirm....

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