Shamban v. Masidlover

429 Mass. 50
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 19, 1999
StatusPublished
Cited by50 cases

This text of 429 Mass. 50 (Shamban v. Masidlover) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shamban v. Masidlover, 429 Mass. 50 (Mass. 1999).

Opinion

Ireland, J.

The United States District Court for the District of Massachusetts has certified two questions to this court, concerning whether an attempt to create an estate of homestead is rendered invalid by a debtor’s failure to comply with the express statutory requirements under G. L. c. 188, § 1A, when the declaration is filed.2 We conclude that the debtor’s attempt to create an estate of homestead is invalid under § 1A, but is valid under G. L. c. 188, § 1.

1. Facts. We summarize the agreed facts. In February, 1968, Phyllis A. Masidlover (debtor) acquired a principal place of residence as a tenant by the entirety. The debtor is sixty years old, and is totally and permanently disabled within the meaning of State and Federal law. See G. L. c. 188, § 1A; 42 U.S.C. § 1382c(a)(3)(A) & (C) (1994). In 1994, the Social Security Administration found the debtor to be disabled. She receives social security disability benefits. In November, 1997, the debtor [51]*51filed a declaration of homestead protection purportedly pursuant to G. L. c. 188, § 1A, based on her disability status. At that time, however, the debtor did not file an original or certified copy of a disability award letter issued by the Social Security Administration or a letter from a licensed physician, as required under § 1A.

In December, 1997, the debtor filed a petition under Chapter 7 of the Bankruptcy Code. 11 U.S.C. § 301 (1994). In her petition, she claimed a $200,000 exemption for her residence pursuant to § 1A, and in doing so purported to exclude virtually all the equity in her home from the bankruptcy estate.

In the bankruptcy court proceeding, in 1998, the Chapter 7 trustee for the debtor (trustee) objected to the debtor’s claim of a homestead exemption under § 1A. He argued that the exemption was invalid because the debtor had failed to file the proper documentation as proof of her disability, as required by § 1A.

The bankruptcy court judge requested certification to this court of the questions raised by the trustee’s objection. Thus, pursuant to SJ.C. Rule 1:03, as appearing in 382 Mass. 700 (1981), the Federal District Court certified to this court the following two questions:

1. “[Wjhether an individual’s failure to file a Social Security Disability Award Letter or a letter from a licensed physician with her ‘Declaration of Homestead,’ as required by [G. L. c.] 188, § 1A, renders the Homestead invalid?”
2. “[I]f the individual’s Declaration of Homestead filed under [G. L. c.] 188, § 1A is invalid, is her Declaration of Homestead valid under [G. L. c.] 188, § 1?”

We answer both certified questions in the affirmative.

2. Discussion. The first issue is whether the debtor’s attempt to create the estate of homestead is affected by her failure to file a social security disability award letter, or a letter from a licensed physician, with her declaration of homestead protection, as required under G. L. c. 188, § 1A.3 We conclude that the debtor’s homestead is invalid under § 1A. Accordingly, the [52]*52debtor is not entitled to claim a $200,000 homestead exemption. We are also asked to decide whether the debtor, having filed under § 1A, can now properly claim an exemption under G. L. c. 188, § l.4 In keeping with the broad public policy considerations underlying the homestead exemptions, we conclude that she may obtain a $100,000 exemption under § 1.

a. General Laws c. 188, § 1A and § 1. A debtor may exempt certain property from the bankruptcy estate. See 11 U.S.C. § 522 (1994). See also Patriot Portfolio, LLC v. Weinstein, 164 F.3d 611 (1st Cir. 1999). Section 522(b) enables individuals to choose between the Federal exemptions listed in § 522(d), or any available exemptions under State or local law. The Massachusetts Homestead Act, G. L. c. 188, § 1A and § 1, establishes two State exemptions. Under G. L. c. 188, § 1A, individuals sixty-two years of age or older, or those who are disabled as defined by the statute, have the right to claim $200,000 as an exemption. A person sixty-two years of age or older who seeks homestead protection must file a declaration of homestead protection, but does not have to file proof of age. G. L. c. 188, § 1A. However, if the declarant is disabled, as defined under § 1A, the declarant “shall” provide proof of disability by filing, along with the homestead declaration, a letter from a physician or a disability award letter from the Social Security Administration.5 General Laws c. 188, § 1, by contrast, [53]*53provides a declarant with a homestead exemption of $100,000, without having to file any additional documentation.

Homestead laws are designed to benefit the homestead declarant and his or her family by protecting the family residence from the claims of creditors. See Dwyer v. Cempellin, 424 Mass. 26, 30 (1996). Homestead laws are based on public policy that favors preservation of the family home regardless of the householder’s financial condition. See id. at 29-30. Furthermore, homestead laws tend to prevent debtors and their families from becoming public charges. See id. at 30 n.7, citing. Burrows v. Burrows, 886 P.2d 984, 989 (Okla. 1994). In light of the public policy and the purpose of the statutes, this court has construed the State homestead exemptions liberally in favor of debtors. See Dwyer v. Cempellin, supra at 30. This approach is in keeping with authority in other jurisdictions. See, e.g., First Ala. Bank v. Renfro, 452 So. 2d 464, 468 (Ala. 1984) (homestead laws are to be construed liberally in furtherance of public policy); Matter of Bly, 456 N.W.2d 195, 199 (Iowa 1990) (homestead statute liberally construed because State benefits by having families secure in their homes); In re Martin, 875 P.2d 417, 422 (Okla. 1994) (homestead laws are liberally construed to protect families from “improvidence” and creditors’ demands).

In keeping with public policy, and in light of the precedent of liberally construing homestead laws in favor of debtors, the debtor argues that her homestead should be considered valid under § 1A even though she failed to comply with the express statutory requirements of § 1A. She draws an analogy to Dwyer v. Cempellin, supra, where, despite a defect in the homestead’s recording, this court upheld the debtors’ exemption under § 1. She further argues that nothing in § 1A states that a declaration of homestead protection is invalid if unaccompanied by a disability award or a physician’s letter.

We are unpersuaded by the debtor’s reasoning, because to permit her homestead exemption under § 1A would contradict the statute’s explicit provisions. Our conclusion in Dwyer does not rewrite the statute, as the debtor would have us do in the present case. In Dwyer,

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Bluebook (online)
429 Mass. 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shamban-v-masidlover-mass-1999.