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IN RE GARRAN

No. 02-2033.

338 F.3d 1 (2003)

In re David G. GARRAN, Debtor. David G. Garran, Appellant, v. SMS Financial V, LLC, Assignee of Citizens Bank of Massachusetts, Appellee.

United States Court of Appeals, First Circuit.

Decided July 28, 2003.

Attorney(s) appearing for the Case

William G. Billingham, with whom Billingham & Marzelli were on brief, for appellant.

Kevin P. McRoy, with whom Thomas E. Pontes and Wynn & Wynn, P.C. were on brief, for appellee.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

In this bankruptcy appeal arising from a Chapter 7 proceeding, we are asked to determine whether two Massachusetts homestead exemptions can be "stacked" to permit a double exemption for a debtor who claims on the basis of such stacking that a judicial lien impairs the value of his exemption. Citizens Bank of Massachusetts holds a judicial lien on the property owned by David Garran, the debtor in this petition, and his wife. At issue is whether...

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