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IN RE CAREY

No. 01-19552-CJK.

282 B.R. 118 (2002)

In re John J. CAREY and Sandra L. Carey, Debtors.

United States Bankruptcy Court, D. Massachusetts.

August 21, 2002.

Attorney(s) appearing for the Case

Stephen E. Shamban, Braintree, MA, Chapter 7 Trustee.

Robert S. Simonian, Fall River, MA, for Debtors.

Eric Bradford, Boston, MA, for U.S. Trustee.

MEMORANDUM OF DECISION ON TRUSTEE'S OBJECTION TO CLAIM OF HOMESTEAD EXEMPTION

CAROL J. KENNER, Bankruptcy Judge.

John J. Carey (the Debtor) asserts a claim of exemption as to his home, a three-family house. He claims the real property as exempt under the Massachusetts homestead statute, G.L. c. 188, § 1. He and his family occupy only one of the three dwelling units. The Chapter 7 Trustee, Stephen E. Shamban, objects to the claim of...

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