Legal Opinion
Cage v. Smith (In re Smith)
United States Bankruptcy Court, S.D. Texas
Decided August 4, 2014No. Bankruptcy No. 12-32096; Adversary No. 14-03115PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION REGARDING DEFENDANTS’ SUPPLEMENTAL AND AMENDED MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM
JEFF BOHM, Chief Judge.
The Court writes this Memorandum Opinion because it concerns an important *840homestead issue: whether the Fifth Circuit’s recent holding in the Chapter 13 case of Viegelahn v. Frost (In re Frost), 744 F.3d 384 (5th Cir.2014) applies in Chapter 7 eases. In the case at bar, the Chapter 7 trustee contends that it does; the Debtor and his wife argue that it does not. For the reasons set forth herein, this Court concludes that Frost does apply in this…
2Cases cited28 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Owen v. OwenSupreme Court of the United States · 1991
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- White v. StumpSupreme Court of the United States · 1924
- Kane v. National Union Fire InsuranceCourt of Appeals for the Fifth Circuit · 2008
23 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hawk v. Engelhart (In Re Hawk)Court of Appeals for the Fifth Circuit · 2017
- Romo v. Montemayor (In re Montemayor)United States Bankruptcy Court, S.D. Texas · 2016
- In re HawkUnited States Bankruptcy Court, S.D. Texas · 2015
- King Louie Mining, LLC v. Comu (In re Comu)United States Bankruptcy Court, N.D. Texas · 2015
- Wiggains v. Reed (In re Wiggains)United States Bankruptcy Court, N.D. Texas · 2015
3 more not listed; retrieve them via the Exa API.