Legal Opinion

Soza v. Hill (In Re Soza)

Court of Appeals for the Fifth Circuit

Decided September 12, 2008No. 06-21004PublishedCited by 86 opinions

1Opinion of the Court

*1063EDITH H. JONES, Chief Judge:

The question presented in this bankruptcy appeal is whether an annuity purchased by a debtor couple the day before they sought bankruptcy relief is, under the facts here presented, exempt under Texas law, Tex. Ins. Code Ann. § 1108.051, or non-exempt because it was “a premium payment made in fraud of a creditor .... ” Tex. Ins. Code Ann. § 1108.053. According to the debtors’ repeated representations to the bankruptcy and district courts, this annuity was purchased not simply “to maximize the debtors’ exemption claims” but to manipulate an inheritance that the…

2Cases cited17 opinions

  1. Laidlaw Waste Systems (Dallas), Inc. v. City of WilmerTexas Supreme Court · 1995
  2. Salomon v. Kaiser (In re Kaiser)Court of Appeals for the Second Circuit · 1983
  3. Reed v. ReedCourt of Appeals for the First Circuit · 1983
  4. 24 Collier bankr.cas.2d 1414, Bankr. L. Rep. P 73,841 Max Sugarman Funeral Home, Inc. v. A.D.B. InvestorsCourt of Appeals for the First Circuit · 1991
  5. In the Matter of Harold Paul Chastant, Jr., Debtor. Felix Octave Pavy v. Harold Paul Chastant, Jr.Court of Appeals for the Fifth Circuit · 1989

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3Cited by86 opinions

  1. Christian Bros. High School Endowment v. Bayou No Leverage Fund, LLC (In Re Bayou Group, LLC)District Court, S.D. New York · 2010
  2. U.S. Bank National Ass'n v. Verizon Communications, Inc.Court of Appeals for the Fifth Circuit · 2014
  3. Spring Street Prt - IV, L.P. v. Douglas LamCourt of Appeals for the Fifth Circuit · 2013
  4. Husky International Electronics, Inc. v. Ritz (In Re Ritz)Court of Appeals for the Fifth Circuit · 2016
  5. Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015

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