Legal Opinion

In the Matter of Robert Henry Allen, Jr., and Mary Lou Allen, Debtors. Robert Henry Allen, Jr., and Mary Lou Allen v. Hale County State Bank

Court of Appeals for the Fifth Circuit

Decided February 21, 1984No. 83-1370PublishedCited by 51 opinions

1Opinion of the Court

POLITZ, Circuit Judge.

This direct appeal from the United States Bankruptcy Court of the Northern District of Texas raises the question whether Tex. Rev.Civ.Stat.Ann. art. 3836, which denies the personal property exemption in the bankruptcy provisions for property subject to secured liens, is preempted by the federal bankruptcy exemption provision, 11 U.S.C. § 522. Concluding that it is not, we affirm the bankruptcy court.

Facts

Robert Henry and Mary Lou Allen filed a Chapter 11 bankruptcy proceeding. At the time of the filing, they owed Hale County State Bank $141,597.04, secured by a perfected…

2Cases cited2 opinions

  1. In the Matter of Thomas Yale McManus and Betty Sue Smith McManus Bankrupts. Thomas Yale McManus and Betty Sue Smith McManus v. Avco Financial Services of Louisiana, Inc., in the Matter of Wallace Gipson and Bobbie Phenix Gipson, Bankrupts. Blazer Financial Services, Inc., Creditor/appellant v. Wallace Gipson and Bobbie Phenix Gipson, Debtors/appelleesCourt of Appeals for the Fifth Circuit · 1982
  2. In the Matter of Corinne N. Cannady, Debtor. Corinne N. Cannady, Cross-Appellees v. Robert B. Wilson, Trustee, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981

3Cited by51 opinions

  1. In the Matter of Herman Neil YOUNG, Debtor. Herman Neil YOUNG, Appellant, v. David v. ADLER, Trustee, AppelleeCourt of Appeals for the Fifth Circuit · 1987
  2. In the Matter of James A. Maddox, Debtors. Tower Loan of Mississippi, Inc. v. James A. Maddox, Jr., and Harold J. Barkley, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1994
  3. In the Matter of Marshall James Dyke, Debtor. William E. Heitkamp, Trustee v. Marshall James Dyke, in the Matter of Amos Daniel Felts, A/K/A Dan Felts, and Laura Otila Felts, Debtors. The Federal Deposit Insurance Corporation, as Receiver for United Bank of Texas v. Amos Daniel Felts, A/K/A Dan Felts, and Laura Otila FeltsCourt of Appeals for the Fifth Circuit · 1991
  4. In Re MontgomeryUnited States Bankruptcy Court, W.D. Texas · 1987
  5. In Re KellyUnited States Bankruptcy Court, N.D. Texas · 1991

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