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IN RE HILDEBRANDT

BAP No. MW 04-043, Bankruptcy No. 03-44401-HJB.

320 B.R. 40 (2005)

In re Brian P. HILDEBRANDT, Debtor. Brian P. Hildebrandt, Appellant, v. Joseph B. Collins, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel for the First Circuit.

February 2, 2005.

Attorney(s) appearing for the Case

Steven R. Weiner, Esq., Springfield, MA, on brief for Appellant.

Joseph B. Collins, Esq., on brief for Appellee.

Before DE JESUS, VAUGHN and CARLO, United States Bankruptcy Appellate Panel Judges.

PER CURIAM.

The debtor, Brian P. Hildebrandt (the "Debtor"), appeals from the bankruptcy court's August 20, 2004 order sustaining the Chapter 7 Trustee's objection to the Debtor's claim of homestead exemption in real property under Mass. Gen. Laws ch. 188, § 1. The issue on appeal is whether a homestead survives a conveyance by deed from tenants in common to one of those tenants as a sole owner, absent a reservation of the homestead under Mass. Gen. Laws ch....

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