England v. Federal Deposit Insurance

JOHNSON, Circuit Judge:

This case calls on the Court to determine whether both a homestead and proceeds from the sale of a former homestead are exempt under section 41.001 of the Texas Property Code. Wesley R. England appeals, urging the Court to reverse the Northern District Court’s holding that both are not exempt. Concluding that the language in section 41.001 clearly and unambiguously forbids the simultaneous exemption of both, we affirm.

I. Facts and Procedural History

For the twenty-seven years prior to October 16, 1990, Wesley R. England (“England” or “Appellant”) and his wife, Virginia,…