Davis v. Davis (In Re Davis)

FITZWATER, District Judge:

This appeal presents the question whether 11 U.S.C. § 522(c)(1), which provides that exempt property is liable for § 523(a)(5) debts (family support obligations), preempts Texas homestead law. The bankruptcy court held that it does not. In re Davis, 170 B.R. 892 (Bankr.N.D.Tex.1994). Because Texas homestead law is not preempted, the bankruptcy court’s order is affirmed.

I

Defendant-appellant Sandra Davis (“Sandra”) and her former husband, debtor-plaintiff-appellee Thomas Cullen Davis (“Cullen”), were divorced in 1968. 1 Pursuant to a property settlement, support and…