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In re Pagnini

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Before Haines, Lamoutte, and Tester, United States Bankruptcy Appellate Panel Judges.

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 because Sullivan is an adult who does not reside at the Property. We need not reach this issue, however, because Premier’s lien encumbers only the Debtor’s interest in the Property. The Bankruptcy Court did not err in concluding that Premier’s lien impairs the Debtor’s homestead exemption. Therefore, we AFFIRM.

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