Pasquina v. Cunningham (In re Cunningham)

Pre 2005-Act: 
Pre 2005-Act
Proceeds of sale of exempt homestead were not subject to nondischargeable claim by creditor.
Procedural posture: 
In a bankruptcy case, appellant creditor sought review of a decision of the District Court for the District of Massachusetts, which held that the postpetition sale of appellee debtor's home, for which he had obtained a homestead exemption under Mass. Gen. Laws ch. 188, § 1, protecting it from creditors, did not cause the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to a prepetition debt.
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Consumer case opionion summary, case decided on January 22,2008, LexisNexis #0208-065