IN RE DESROCHES

No. 03-44855.

314 B.R. 19 (2004)

In re John V. DESROCHES & Catherine A. Desroches, Debtors.

United States Bankruptcy Court, D. Massachusetts.

August 31, 2004.


Attorney(s) appearing for the Case

Henry Geberth, Hendel & Collins, P.C., Springfield, MA, for debtors.

Justin H. Dion, Bacon & Wilson P.C., Springfield, MA, for Banknorth, N.A.


MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a "Motion For Relief From the Automatic Stay" (the "Motion") filed by Banknorth (the "Bank"). The Bank seeks relief under 11 U.S.C. § 362(d)(1) and (2) to pursue its remedies under a mortgage it holds on the residence of John V. and Catherine A. Desroches (the "Debtors"). The issue to be determined is whether a homestead exemption under Massachusetts General Laws ch...

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