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IN RE PERRY

BAP No. MB 06-007. Bankruptcy No. 05-22435-WCH.

357 B.R. 175 (2006)

Joseph PERRY, Debtor. Stephen E. Shamban, Chapter 7 Trustee, Appellant, v. Joseph Perry, Appellee.

United States Bankruptcy Appellate Panel for the First Circuit.

October 4, 2006.

Attorney(s) appearing for the Case

Ann Brennan, Boston, MA, on brief for Appellant.

Heather J. Lynham, Fairhaven, MA, on brief for Appellee.

Before LAMOUTTE, CARLO and KORNREICH, United States Bankruptcy Appellate Panel Judges.

PER CURIAM.

Stephen E. Shamban, Chapter 7 Trustee (the "Trustee"), appeals from the bankruptcy court's February 24, 2006, order overruling his 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 declaration of homestead which is recorded simultaneously with the filing of a voluntary bankruptcy petition is valid under Massachusetts state law. For the following reasons, the...

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