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United States First Circuit


Pasquina v. Cunningham, 06-2786

In a bankruptcy case involving the attempted recovery of a judgment for breach of fiduciary duties, an order of the district court in favor of the debtor is affirmed where the proceeds from the sale of a home subject to a homestead exemption retain the exempt status of the home itself, and cannot be used to satisfy a pre-petition debt.

Appellate Information

  • Decided 01/22/2008
  • Published 01/22/2008

Judges

  • LIPEZ, Circuit Judge., Before LYNCH and LIPEZ, Circuit Judges, and BARBADORO, District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • John G. Neylon with whom Neylon & O'Brien, P.C. was on brief for appellant.

  • For Appellees:
  • George J. Nader with whom Riley & Dever, P.C. was on brief for appellee.
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