In re Bonfiglio

Full title: IN RE: SANDI BONFIGLIO, Debtor. HAROLD B. MURPHY, TRUSTEE, Appellant, v…

Court: United States Bankruptcy Appellate Panel, First Circuit

Date published: Jan 29, 1999

BAP No. MB 98-096 (B.A.P. 1st Cir. Jan. 29, 1999)

Opinion

BAP No. MB 98-096

January 29, 1999

Andrew G. Lizotte, Esq. and Hanify King, P.C., on brief for the Appellant.

Mark H. Vanger, Esq., on brief for the Appellee.

Before Goodman, Haines and Carlo, U.S. Bankruptcy Judges

Appeal from the United States Bankruptcy Court for the District of Massachusetts (Hon. William C. Hillman, U.S. Bankruptcy Judge)

Per Curiam

Chapter 7 trustee, Harold B. Murphy, appeals the bankruptcy court's order overruling his objection to the debtor's homestead exemption claim. We affirm the lower court's ruling on the authority of the First Circuit's decision in Patriot Portfolio, LLC, v. Weinstein, ___ F.3d ___ (1st Cir. 1999).

In re Weinstein held that the Massachusetts homestead exemption's exception for contract debts incurred before the filing of a homestead declaration does not operate in bankruptcy. That case addresses and resolves (against appellant) all issues critical to the appeal.

Further explication is unnecessary.

The order of the bankruptcy court overruling appellant's objection to the debtor's homestead exemption is AFFIRMED.