Legal Opinion

Brei v. Ben Brinck, Asset Acceptance, LLC (In re Brei)

United States Bankruptcy Court, N.D. Texas

Decided March 4, 2019No. CASE NO. 18-31920-SGJ-7; ADV. NO. 18-03211-SGJPublishedCited by 3 opinions

1Opinion of the Court

Stacey G. C. Jernigan, U.S. Bankruptcy Judge

The Chapter 7 Debtor, Scott Brei (the "Plaintiff/Debtor"),1 filed the above-referenced adversary proceeding (the "Adversary Proceeding") on June 15, 2018, seeking a declaratory judgment that three, separate liens on his real property located at 4509 Mockingbird Lane in Highland Park, Dallas County, Texas (the "Mockingbird Property"), which he claims as his Texas homestead, were invalidly attached and should be declared void. The three defendants with alleged liens are: Hudson & Keyes, LLC (a small judgment creditor); Asset Acceptance, LLC (another…

2Cases cited56 opinions

  1. Coury v. ProtCourt of Appeals for the Fifth Circuit · 1996
  2. INWOOD NORTH HOMEOWNERS'ASS'N v. HarrisTexas Supreme Court · 1987
  3. Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
  4. Sullivan v. BarnettTexas Supreme Court · 1971
  5. Randall & Blake, Inc. v. Evans (In Re Canion)Court of Appeals for the Fifth Circuit · 1999

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3Cited by3 opinions

  1. In re Phung Tan HuynhUnited States Bankruptcy Court, S.D. Texas · 2019
  2. James Nicholson v. PHH Mortgage CorporationDistrict Court, N.D. Texas · 2026
  3. Vaituulala v. N and K Properties, LLCUnited States Bankruptcy Court, N.D. Texas · 2024

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