IN RE CUNNINGHAM

No. 06-2786.

513 F.3d 318 (2008)

In re Maurice F. CUNNINGHAM, Debtor, William J. Pasquina, Appellant, v. Maurice F. Cunningham, Appellee.

United States Court of Appeals, First Circuit.

Decided January 22, 2008.


Attorney(s) appearing for the Case

John G. Neylon with whom Neylon & O'Brien, P.C. was on brief for appellant.

George J. Nader with whom Riley & Dever, P.C. was on brief for appellee.

Before LYNCH and LIPEZ, Circuit Judges, and BARBADORO, District Judge.


LIPEZ, Circuit Judge.

This bankruptcy case requires us to decide whether the post-petition sale of the debtor's home, for which he had obtained a homestead exemption under the law of Massachusetts protecting it from creditors, causes the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to pre-petition, nondischargeable debt. We conclude that the proceeds from the sale of the home retain the exempt status of the home itself...

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