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  • Van Rye v. Murphy, 96 F.3d 1430, 1st Cir. (1996)

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    The United States Court of Appeals for the First Circuit affirmed the bankruptcy court's decision that the trustee had standing to object to the debtor's homestead exemption claim. The bankruptcy court had determined that the trustee had standing to object based on prior cases that established a trustee's authority to object to claimed exemptions. The appeals court found no error in the bankruptcy court's decision on this issue of standing.

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    Filed: 1996-09-16 Precedential Status: Non-Precedential Citations: 96 F.3d 1430 Docket: 96-1463

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    The United States Court of Appeals for the First Circuit affirmed the bankruptcy court's decision that the trustee had standing to object to the debtor's homestead exemption claim. The bankruptcy court had determined that the trustee had standing to object based on prior cases that established a trustee's authority to object to claimed exemptions. The appeals court found no error in the bankruptcy court's decision on this issue of standing.

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    7 views1 page

    Van Rye v. Murphy, 96 F.3d 1430, 1st Cir. (1996)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the First Circuit affirmed the bankruptcy court's decision that the trustee had standing to object to the debtor's homestead exemption claim. The bankruptcy court had determined that the trustee had standing to object based on prior cases that established a trustee's authority to object to claimed exemptions. The appeals court found no error in the bankruptcy court's decision on this issue of standing.

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    of 1

    96 F.

    3d 1430

    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished


    opinions may be cited only in related cases.
    John N. VAN RYE, Plaintiff, Appellant,
    v.
    Harold B. MURPHY, Defendant, Appellee.
    No. 96-1463.

    United States Court of Appeals, First Circuit.


    Sept. 16, 1996.

    George R. Desmond on brief for appellant.


    Andrew G. Lizotte, Harold E. Murphy and Hanify & King, P.C. on brief
    for appellee.
    Andrew G. Lizotte, Harold E. Murphy and Hanify & King, P.C. on brief
    for appellee.
    Before TORRUELLA, Chief Judge, CYR and STAHL, Circuit Judges.
    Per Curiam.

    Upon careful review of the briefs and record, we find no error in the
    bankruptcy court's determination, In re Van Rye, 179 B.R. 375, 378-79
    (Bankr.D.Mass.1995), that the trustee had standing to object to the debtor's
    homestead exemption claim. See First National Bank v. Norris, 701 F.2d 902,
    904 (11th Cir.1983); see also In re Duda, 182 B.R. 662, 665 n. 1
    (Bankr.D.Conn.1995); In re Michael, 185 B.R. 830, 836-37
    (Bankr.D.Mont.1995).

    Affirmed. See 1st Cir. Loc. R. 27.1.

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