IN RE GOURDIN

BAP No. MB 09-070. Bankruptcy No. 09-16884-FJB.

431 B.R. 885 (2010)

David A. GOURDIN, Sr., Debtor. David A. Gourdin, Sr., Appellant, v. Warren E. Agin, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel for the First Circuit.

June 17, 2010.


Attorney(s) appearing for the Case

Norman Novinsky, Esq., on brief for Appellant.

Warren E. Agin, Esq., on brief for Appellee.

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


KORNREICH, Bankruptcy Judge.

David A. Gourdin, Sr., is the debtor in this case. Warren E. Agin, the chapter 7 trustee, objected to the debtor's claim of a homestead exemption in his former marital residence under Massachusetts law on grounds that the state probate court had divested the debtor of his interest in that property in a divorce action prior to bankruptcy. This appeal by the debtor is from the order of the bankruptcy court sustaining the trustee's objection...

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