Legal Opinion

In re Stanford

United States Bankruptcy Court, W.D. Texas

Decided June 28, 2017No. CASE NO. 16-11384-TMDPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

TONY M. DAVIS, UNITED STATES BANKRUPTCY JUDGE

The dispute that arose from the complicated facts in play here is primarily decided by well-established Texas law, under which a creditor’s pre-existing judgment lien cannot attach to a judgment debtor’s subsequently acquired property that is *209contemporaneously designated as a homestead.

I. BACKGROUND AND FACTS

In 1977, Frederick Stanford’s parents, Earl and Dorothy Seay, purchased a 4.01 acre vacant tract of land located in Williamson County, Texas.1 They built a house on the property and moved in shortly thereafter.2 Dorothy Seay…

2Cases cited37 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  3. Mirta Zorrilla v. Aypco Construction II, LLC and Jose Luis MunozTexas Supreme Court · 2015
  4. INWOOD NORTH HOMEOWNERS'ASS'N v. HarrisTexas Supreme Court · 1987
  5. Reed v. City of ArlingtonCourt of Appeals for the Fifth Circuit · 2011

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3Cited by1 opinion

  1. Eichor v. WylyUnited States Bankruptcy Court, S.D. Texas · 2022

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