Legal Opinion
In re D'Avila
United States Bankruptcy Court, W.D. Texas
Decided August 21, 2013No. 13-11173-TMDPublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
TONY M. DAVIS, Bankruptcy Judge.
In this case, the Court must decide whether a debtor who filed bankruptcy under Chapter 7 of the Bankruptcy Code and promptly claimed a Texas homestead exemption can be restricted from later selling that homestead and disposing of the proceeds of sale as she wishes. As explained in this Memorandum Opinion, the Court determines that the homestead is no different from any other exempt property, and once it has been duly exempted, the Chapter 7 debtor is free to dispose of it as she wishes, including by selling it and keeping the proceeds.
The…
2Cases cited14 opinions
- White v. StumpSupreme Court of the United States · 1924
- Jerry Payne and Deborah Payne, Debtors-Appellants v. Charles R. Wood, Jr.Court of Appeals for the Seventh Circuit · 1985
- In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah BellCourt of Appeals for the Second Circuit · 2000
- Myers v. MatleySupreme Court of the United States · 1943
- Wolfe v. Jacobson (In Re Jacobson)Court of Appeals for the Ninth Circuit · 2012
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Romo v. Montemayor (In re Montemayor)United States Bankruptcy Court, S.D. Texas · 2016
- Garcia v. BasselDistrict Court, N.D. Texas · 2014
- In re ParsonsUnited States Bankruptcy Court, W.D. Texas · 2014
- King Louie Mining, LLC v. Comu (In re Comu)United States Bankruptcy Court, N.D. Texas · 2015
- Wiggains v. Reed (In re Wiggains)United States Bankruptcy Court, N.D. Texas · 2015
4 more not listed; retrieve them via the Exa API.