IN RE WEBBER

No. 02-10656-CJK.

278 B.R. 294 (2002)

In re Russell WEBBER, Debtor.

United States Bankruptcy Court, D. Massachusetts.

May 20, 2002.


Attorney(s) appearing for the Case

Kathleen P. Dwyer, Danvers, MA, Chapter 7 Trustee.

John R. Cox, for debtor.

Kevin W. Lawless, for Donna Webber.


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

CAROL J. KENNER, Bankruptcy Judge.

The issue presented by the Trustee objection to the Debtor's claim of a homestead exemption under the Massachusetts homestead statute, G.L. c. 188, § 1, is this: whether the estate of homestead ceases to exist when the owner who validly acquired it ceases both occupying the property and intending to occupy it as his or her...

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