Romo v. Montemayor (In re Montemayor)

MEMORANDUM OPINION DENYING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT FOR THE DEBTOR

Eduardo V. Rodriguez, United States Bankruptcy Judge

I.INTRODUCTION

As a matter of first impression for this court, there are two issues in this case, both of which are simply stated, but neither are simply answered. First, what happens to the proceeds from the sale of a properly exempted Texas homestead if not timely reinvested into a new Texas homestead within the statutory six-month period where the proceeds would lose their exemption under Texas law? Second, does the Fifth Circuit’s…