Legal Opinion

Viegelahn v. Frost (In Re Frost)

Court of Appeals for the Fifth Circuit

Decided March 5, 2014No. 12-50811PublishedCited by 36 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

Under Texas law, a debtor’s homestead is permanently exempted from the bankruptcy estate, whereas proceeds from the sale of a homestead are only exempted for six months. Debtor Mark Alan Frost (“Frost”) challenges the district court’s determination that proceeds from the post-certification sale of an exempted homestead revert to the estate if not reinvested within six months, arguing that once the homestead is permanently exempted from the estate, any proceeds from its sale are also exempt. We affirm.

Facts and Proceedings

When Frost filed his bankruptcy…

2Cases cited9 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. Schwab v. ReillySupreme Court of the United States · 2010
  3. White v. StumpSupreme Court of the United States · 1924
  4. Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
  5. Wolfe v. Jacobson (In Re Jacobson)Court of Appeals for the Ninth Circuit · 2012

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3Cited by36 opinions

  1. Hawk v. Engelhart (In Re Hawk)Court of Appeals for the Fifth Circuit · 2017
  2. Viegelahn v. Lopez (In Re Lopez)Court of Appeals for the Fifth Circuit · 2018
  3. Hull v. RockwellCourt of Appeals for the First Circuit · 2020
  4. Rachel Brown v. Ronald SommersCourt of Appeals for the Fifth Circuit · 2015
  5. In re WardUnited States Bankruptcy Court, E.D. New York · 2018

31 more not listed; retrieve them via the Exa API.

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