In Re Greene

MEMORANDUM OPINION

ROBERT C. McGUIRE, Bankruptcy Judge.

The issue to be determined in this case is whether, under Texas law, a debtor has an equitable right to force an equitable lien arising out of a constructive trust to be satisfied first out of the excess or nonexempt portion of a homestead.

Findings of Fact and Conclusions of Law, on file herein, are incorporated by reference. This opinion contains additional findings of fact and conclusions of law. This matter was submitted to the Court based on a prior trial record and stipulations of facts of the parties.

On the issue involved in this…