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IN RE FIFFY

BAP No. MW 02-048. Bankruptcy No. 02-40536-JBR.

293 B.R. 550 (2003)

Theodore A. FIFFY, Debtor. Theodore A. Fiffy, Appellant, v. David M. Nickless, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

May 29, 2003.

Attorney(s) appearing for the Case

Michael B. Feinman, Law Office of Michael B. Feinman, Andover, MD, Stephen P. Shannon, Baltimore, MD, on brief, for Appellant.

David M. Nickless, Nickless and Phillips, Fitchburg, MA, on brief, for Appellee.

Before VOTOLATO, DEASY, and BROWN, U.S. Bankruptcy Appellate Panel Judges.

VOTOLATO, Bankruptcy Judge.

Before the Panel is the debtor's appeal of an order of the United States Bankruptcy Court for the District of Massachusetts sustaining in part and overruling in part the objection of the Chapter 7 Trustee to the Debtor's claimed homestead exemption in four parcels of real estate under Mass. Gen. Laws Ann. ch. 188, § 1. The Debtor asserts, among other things, that the bankruptcy court relied upon facts not in evidence and, therefore...

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