Legal Opinion

In re Pool

United States Bankruptcy Court, W.D. Texas

Decided March 5, 2019No. Case No. 18-11052-hcmPublishedCited by 1 opinion

1Opinion of the Court

H. CHRISTOPHER MOTT, UNITED STATES BANKRUPTCY JUDGE

Here, the Court wrestles with whether two separate parcels of land are both exempt as a rural homestead under Texas law, when one rural parcel is used to operate the debtors' body shop business. The Court concludes that the debtors may claim both parcels as a rural homestead protected under Texas law. As a result, the Court will deny the creditor's objection to the rural homestead exemption.

I

PROCEDURAL BACKGROUND

On August 8, 2018, Roy Kevin Pool and Cynthia Anne Pool ("Debtors"), filed a voluntary Chapter 7 bankruptcy case. John Patrick Lowe…

2Cases cited26 opinions

  1. Perry v. Dearing (In Re Perry)Court of Appeals for the Fifth Circuit · 2003
  2. In the Matter of Kelly P. Bradley, Debtor. Kelly P. Bradley v. Pacific Southwest Bank, FsbCourt of Appeals for the Fifth Circuit · 1992
  3. Cocke v. ConquestTexas Supreme Court · 1931
  4. Autry v. ReasorTexas Supreme Court · 1908
  5. Fajkus v. First National Bank of GiddingsCourt of Appeals of Texas · 1987

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3Cited by1 opinion

  1. Michael Vaughn Hoskins HarrisUnited States Bankruptcy Court, S.D. Mississippi · 2019

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