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MALLEY v. AGIN

No. 11-2042.

693 F.3d 28 (2012)

Kenneth T. MALLEY, Appellant, v. Warren E. AGIN, Trustee, Appellee.

United States Court of Appeals, First Circuit.

Decided August 15, 2012.

Attorney(s) appearing for the Case

Michael Van Dam , with whom Gerald Van Dam , Jill Schafer , and Van Daw Law LLP were on brief, for appellant.

Warren E. Agin , with whom Swiggart & Agin, LLC was on brief, for appellee.

Before BOUDIN, Circuit Judge, SOUTER, Associate Justice, and THOMPSON, Circuit Judge.

SOUTER, Associate Justice.

In this direct appeal under 28 U.S.C. § 158(d)(2)(A) from the United States Bankruptcy Court for the District of Massachusetts, Kenneth Malley, the debtor in a Chapter 7 liquidation proceeding, see 11 U.S.C. §§ 701-784, appeals from an order issued in reliance on 11 U.S.C. § 105(a) surcharging his interest in property listed as exempt. The issue is whether § 105(a) authorizes a charge against the value of...

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