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IN RE SZWYD

BAP No. MW-06-035. Bankruptcy No. 05-50837-HJB.

370 B.R. 882 (2007)

Edward R. SZWYD, Debtor. Jack E. Houghton, Jr., Chapter 7 Trustee, Appellant, v. Edward R. Szwyd, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

July 6, 2007.

Attorney(s) appearing for the Case

Richard I. Isacoff, Pittsfield, MA, for Appellee.

Jack E. Houghton, Esq., Pittsfield, MA, pro se.

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

Introduction

KORNREICH, Bankruptcy Judge.

This appeal by Jack E. Houghton, Jr., the chapter 7 trustee, is from the bankruptcy court's order overruling his objection to the debtor's claim of a homestead exemption under Massachusetts law.

The debtor, Edward R. Szwyd, was the sole trustee and sole beneficiary of the nominee trust holding legal title to his principal residence. He attempted to acquire an estate of homestead by recording a declaration...

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