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IN RE LARSON

No. 07-1925.

513 F.3d 325 (2008)

In re Mary G. LARSON, Debtor. Mary G. Larson, Plaintiff, Appellant, v. Lloyd L. Howell, Jr., et al., and Stephen E. Shamban, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 23, 2008.

Attorney(s) appearing for the Case

Gary W. Cruickshank for appellant.

Edward Fegreus with whom Frederick J. Watson was on brief for appellees.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

This case requires us, as a matter of first impression, to determine whether the state crime of negligent vehicular homicide qualifies as a "criminal act" which would cap a debtor's homestead exemption to $125,000 under the Bankruptcy Abuse. Prevention and Consumer Protection Act of 2005 ("BAPCPA"), Pub.L. No. 109-8, § 322(a), 119 Stat. 23, 97 (codified at 11 U.S.C. § 522(q)(1)(B)(iv)). We hold that where a state court has found the...

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