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IN RE SANTIAGO-MONTEVERDE

No. 12-4131-bk.

747 F.3d 153 (2014)

In re Mary Veronica SANTIAGO-MONTEVERDE, Debtor. Mary Veronica Santiago-Monteverde, Debtor-Appellant, v. John S. Pereira, Chapter 7 Trustee, Trustee-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 31, 2014.

Attorney(s) appearing for the Case

Ronald J. Mann , New York, N.Y. ( Kathleen G. Cully , Kathleen G. Cully PLLC, New York, NY, on the brief), for Debtor-Appellant.

J. David Dantzler, Jr. ( John P. Campo , Eric L. Unis , on the brief), Troutman Sanders LLP, New York, NY, for Trustee-Appellee.

Ira L. Herman , Thompson & Knight LLP, New York, NY, for Amicus Curiae New York City Bankruptcy Assistance Project, supporting Debtor-Appellant.

Carolyn E. Coffey (of counsel to Jeanette Zelhof ), MFY Legal Services, Inc., New York, NY, for Amicus Curiae MFY Legal Services, Inc., supporting Debtor-Appellant.

Before: SACK, B.D. PARKER, and RAGGI, Circuit Judges.

BARRINGTON D. PARKER, Jr., Circuit Judge:

In this appeal we consider whether the value inherent in a New York City tenant's rent-stabilized lease as a consequence of the protections afforded by New York's Rent Stabilization Code ("RSC"), N.Y. Comp.Codes R. & Regs. tit. 9, §§ 2520.1 et seq., make the lease, or some portion of its value, exempt from the tenant's bankruptcy estate as a "local public assistance...

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