its judgment based upon fraud, mistake, duress, undue influence or lack of capacity. For the purposes of this chapter, an owner of a home shall include a sole owner, joint tenant, tenant by the entirety or tenant in common; provided, that only one owner may acquire an estate of homestead in any such home for the benefit of his family; and provided further, that an estate of homestead may be acquired on only one principal residence for the benefit of a family. For the purposes of this chapter, the word "family” shall include either a parent and child or children, a husband and wife and their children, if any, or a sole owner. Mass. Gen. Laws ch. 188, § 1. See Patriot Portfolio, LLC v. Weinstein, 164 F.3d 677 (1999), cert. denied, 527 U.S. 1036, 119 S.Ct. 2394, 144 L.Ed.2d 794 (1999)(<HOLDING>); In re Leicht, 222 B.R. 670 (1st Cir. BAP
holding inter alia that the bankruptcy code preempts massachusetts homestead acts exceptions for preexisting liens and prior contracted debts holding that erisa preempts a plaintiffs claims for violation of the state insurance code and consumer protection act holding inter alia that the bond requirement of section 60b does not violate the right to a jury trial guaranteed by the massachusetts declaration of rights holding inter alia that common law claims were preempted recognizing that even evidence of a defendants and a witnesss prior bad acts was admissible to show inter alia the defendants familiarity with the witness