Neso Acceptance Corp. v. Jay (In Re Jay)

EMILIO M. GARZA, Circuit Judge:

Nesco Inc. and Nesco Acceptance Corporation (collectively, “Nesco”) appeal the district court’s judgment affirming the bankruptcy court’s order voiding a warranty deed between Nesco and James and Ann Jay (“the Jays”) over a .85 acre tract of land. Nesco avers that the bankruptcy court erred by finding that the property in question was a business homestead.

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The Jays acquired title to an .85 acre tract sometime in 1984 and have since used the land to operate a service station and convenience store. The Jays also acquired title to a neighboring 1.04 acre plot,…