Protecting Manufactured Homes in Massachusetts

27 Dec Protecting Manufactured Homes in Massachusetts

The Massachusetts Homestead Statute appears on its face to prohibit the protection of manufactured homes on a leased lot unless the owner is disabled or over 62. So ruled U.S. Bankruptcy Judge William C. Hillman in In re Kelly in 2005. It wasn’t appealed, and it was followed by U.S. Bankruptcy Judge Joel B. Rosenthal in an unpublished and unappealed 2006 opinion (In re Wenners, 05-48172).

But Attorney Jack E. Houghton, Jr. disagreed and persisted before a different judge. U.S. Chief Bankruptcy Judge Henry J. Boroff recently agreed with Attorney Houghton and not with Judges Hillman or Rosenthal. He ruled that a manufactured home on a leased lot could be protected for any owner. In In re Gray issued December 7, 2007. It is not being appealed.

As Judge Boroff stated in Gray in the text surrounding Footnote 8, “a ‘plain meaning’ analysis of the Massachusetts Homestead Statute is no ‘walk in the park.’ The wording is, in parts, awkward and seemingly hyper-technical; indeed, the statute has repeatedly been criticized for its lack of clarity.”

Related Posts Plugin for WordPress, Blogger...
The following two tabs change content below.
L. Jed Berliner practices exclusively in consumer bankruptcy, foreclosure defense, and related consumer protection litigation such as credit card defenses and suing debt collectors. He established his Springfield, MA practice in 1988. Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.

Latest posts by L. Jed Berliner, Western & Central Massachusetts Consumer Lawyer (see all)

No Comments

Sorry, the comment form is closed at this time.