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United States First Circuit


IN RE GARRAN, 02-2033

Chapter 7 debtor is not entitled to claim both his $300,000 exemption as a disabled person, pursuant to Mass. Gen. Laws Ann. ch. 188, section 1A, and the $300,000 exemption of his non-debtor spouse, pursuant to Mass. Gen. Laws Ann. ch. 188, section 1. Thus, debtor may not avoid the judicial lien on his property.

Appellate Information

  • Decided 07/28/2003
  • Published 07/28/2003

Judges

  • LIPEZ, Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • William G. Billingham, with whom Billingham & Marzelli were on brief, for appellant.

  • For Appellees:
  • Kevin P. McRoy, with whom Thomas E. Pontes and Wynn & Wynn, P.C. were on brief, for appellee.
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