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IN RE FRANKLINO

No. 04-12764.

329 B.R. 363 (2005)

In re Richard FRANKLINO, Debtor.

United States Bankruptcy Court, D. Rhode Island.

August 15, 2005.

Attorney(s) appearing for the Case

Jeffrey C. Blake, Esq., Wyoming, RI, for Debtor.

Andrew S. Richardson, Esq., Boyajian, Harrington & Richardson, Providence, RI, Chapter 7 Trustee.

DECISION AND ORDER DENYING HOMESTEAD EXEMPTION

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on the Debtor's claim of exemption to real estate located at 26 Visconti Street, Norwalk, Connecticut (the "property"). The resolution of this dispute requires a factual determination as to the Debtor's intent (or lack thereof) to occupy the house in which he owns a partial remainder interest. The property, which is encumbered by a life estate, is presently...

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