IN RE HILDEBRANDT

No. 03-44401-HJB.

313 B.R. 535 (2004)

In re Brian P. HILDEBRANDT, Debtor.

United States Bankruptcy Court, D. Massachusetts.

August 20, 2004.


Attorney(s) appearing for the Case

Joseph B. Collins, Hendel & Collins, P.C., Springfield, MA, Chapter 7 Trustee.

Steven Weiner, Springfield, MA, for Brian P. Hildebrandt, Cheryl A. Conley.


MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is an "Objection to Exemption" (the "Objection") wherein the Chapter 7 trustee objects to the above-captioned debtor's claim of a homestead exemption under Massachusetts General Laws ch. 188 ("M.G.L."). At issue is whether a deed of real property from a debtor and his former co-owner to the debtor as sole owner, without an express reservation of a previously recorded declaration...

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