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IN RE PAGNINI

BAP No. MB 10-008. Bankruptcy No. 09-17144-WCH.

433 B.R. 455 (2010)

Theresa A. PAGNINI, Debtor. Premier Capital, Inc., Appellant, v. Theresa A. Pagnini, Appellee.

United States Bankruptcy Appellate Panel for the First Circuit.

July 23, 2010.

Attorney(s) appearing for the Case

Kevin C. McGee, Esq., Worcester, MA, and Paul J. O'Riordan, Esq., on brief for Appellant.

Ann Brennan, Esq., on brief for Appellee.

Before HAINES, LAMOUTTE, and TESTER, United States Bankruptcy Appellate Panel Judges.

TESTER, Bankruptcy Judge.

Premier Capital, Inc. ("Premier"), appeals from the Bankruptcy Court's January 26, 2010 order (the "Order") granting the motion of Theresa A. Pagnini (the "Debtor") to avoid the judicial lien of Premier on property located in Whitman, Massachusetts (the "Property") that she and her daughter, Nicole Sullivan ("Sullivan"), own as joint tenants. Premier argues that the Debtor's homestead does not protect Sullivan's half interest in the Property...

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