Brooks v. Charter Bank Northwest (In Re Brooks)

RANDOLPH F. WHELESS, Jr., Bankruptcy Judge.

The adversary proceeding before this Court was filed on May 12, 1987, and originated from the Chapter 11 bankruptcy of a Texas partnership known as “Brooks Brothers.” Both partners in Brooks Brothers filed for individual relief under Chapter 13 of the Bankruptcy Code on May 5, 1986. This opinion addresses the singular issue of whether partnership property can be claimed as business homestead in Texas. FACTS:

In 1977, Terrell and Randall Brooks acting as the “Brooks Brothers” (the partnership) purchased Lots 40 (Forty) through 45 (Forty-five) in City…