Legal Opinion
Matter of Brocato
Court of Appeals for the Fifth Circuit
Decided September 2, 1994No. 94-30068PublishedCited by 9 opinions
1Opinion of the Court
DUHÉ, Circuit Judge:
Does Louisiana law exempt from seizure a bankruptcy debtor’s real property occupied by the debtor as her home and owned by her in indivisión with another who is not the debtor’s spouse? The bankruptcy court and district court said no. Following our de novo review, we agree and affirm.
FACTS
Debtor, Marie Louise Brocato, sought relief under Chapter 7 of the Bankruptcy Code. She claimed a homestead exemption for her residence in New Orleans which she owns in indivisión with Mary Louise Singleton. The trustee objected contending that the homestead exemption provided by Article…
2Cases cited3 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Gulfco Finance Co. of Natchitoches v. BrowderLouisiana Court of Appeal · 1986
- Henderson v. HoySupreme Court of Louisiana · 1874
3Cited by9 opinions
- Matheny v. Glen Falls InsuranceCourt of Appeals for the Fifth Circuit · 1998
- America's Home Place, Inc. v. EdwardsUnited States Bankruptcy Court, M.D. Louisiana · 2020
- Hibernia Natl Bank v. BrownCourt of Appeals for the Fifth Circuit · 1997
- Mazoue v. Traina (In re Mazoue)District Court, E.D. Louisiana · 1999
- Opinion Number, Louisiana Attorney General Reports2000
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