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IN RE MAGEE

No. 08-37600.

444 B.R. 254 (2011)

In re Daniel and Debbie MAGEE, Debtors.

United States Bankruptcy Court, S.D. New York.

February 3, 2011.

Attorney(s) appearing for the Case

Jeffrey Herzberg, Zinker & Herzberg, Smithtown, NY, for Kamco Supply Corp.

Marie Condoluci, Of Counsel, Simon Haysom LLC, Goshen, NY, for Debtors.

MEMORANDUM DECISION DENYING OBJECTION TO HOMESTEAD EXEMPTION

CECELIA MORRIS, Bankruptcy Judge.

Judgment creditor Kamco Supply Corp. objects to Daniel Magee's ("Daniel") homestead exemption in the amount of $50,000, alleging that Daniel claimed the $10,000 exemption in his earlier bankruptcy case. Kamco argues that the earlier homestead exemption, which was for the legal amount in effect at the time, is res judicata in the present case, which was filed...

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