Legal Opinion
In re McDonald
United States Bankruptcy Court, S.D. Texas
Decided February 22, 2013No. 12-37001PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION ON OBJECTION TO DEBTOR’S CLAIMED EXEMPTIONS
[Relates to Doc. No. 49]
MARVIN ISGUR, Bankruptcy Judge.
Texas law generally permits an individual to exempt her homestead from the reach of her creditors. However, an individual who abandons her homestead is no longer entitled to claim this exemption. The parties agree that the Debtor established a homestead in Texas. The sole issue in dispute is whether the Debtor abandoned her homestead. If she did, she is not entitled to claim the homestead exemption.
The Trustee has not met his burden of demonstrating abandonment. Accordingly,…
2Cases cited12 opinions
- Coury v. ProtCourt of Appeals for the Fifth Circuit · 1996
- Sullivan v. BarnettTexas Supreme Court · 1971
- Lifemark Corp. v. MerrittCourt of Appeals of Texas · 1983
- Bankr. L. Rep. P 71,664 in Re John Hugh Niland, Debtor. Tim Truman and John Niland v. Darwin Deason v. Continental Savings AssociationCourt of Appeals for the Fifth Circuit · 1987
- Rancho Oil Co. v. PowellTexas Supreme Court · 1943
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re LiaoUnited States Bankruptcy Court, S.D. Texas · 2016