Opinion
BAP No. MB 98-038
September 9, 1998
Deena F. Christelis and Hanify King, P.C., on brief for the Appellant.
Joseph S. Mulkern, Jr., 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)
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 our recently-promulgated decision in Bruin Portfolio, LLC v. Leicht (In re Leicht), BAP No. MW 97-067, 1998 WL 424174 (B.A.P. 1st Cir. July 7, 1998).
In re Leicht 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. See In re Leicht, 1998 WL 424174, at *9-10.
Further explication is unnecessary.
The order of the bankruptcy court overruling appellant's objection to the debtor's homestead exemption is AFFIRMED.