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In the Matter of Isidro C. Sandoval in the Matter of Martha C. Sandoval, Debtors. John Patrick Lowe v. Isidro C. Sandoval and Martha C. Sandoval

Court of Appeals for the Fifth Circuit

Decided February 7, 1997No. 96-50271PublishedCited by 53 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Trustee John Lowe appeals the denial of his objection to a homestead exemption claimed by debtors Isidro and Martha Sandoval in a case converted from chapter 13 to chapter 7. Because we conclude that the bankruptcy court improperly determined the exemption at the date of conversion rather than the date of filing of the original petition, we reverse.

I

In 1993, the Sandovals filed a chapter 13 petition in bankruptcy. Their original schedules listed property located at 9659 Silver Moon, San Antonio, Texas, as their homestead. The Sandovals owned a second home,…

2Cases cited15 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. In Re O.J. OSBORN and Roma Lou Osborn, Debtors. O.J. OSBORN and Roma Lou Osborn, Appellants, v. DURANT BANK & TRUST COMPANY, AppelleeCourt of Appeals for the Tenth Circuit · 1994
  3. In the Matter of Daniel L. Lybrook and Linda Lou Lybrook, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
  4. Magallanes v. Williams (In Re Magallanes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  5. In Re LindbergCourt of Appeals for the Eighth Circuit · 1984

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3Cited by53 opinions

  1. The Matter Of: Michael Zibman Jamie Bailey Zibman, Debtors. Michael Zibman Jamie Bailey Zibman v. Rodney D. Tow, TrusteeCourt of Appeals for the Fifth Circuit · 2001
  2. Tyner v. Nicholson (In Re Nicholson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  3. In Re: Larry Kenneth Alexander, Larry Kenneth Alexander v. Mary Jo A. Jensen-CarterCourt of Appeals for the Eighth Circuit · 2001
  4. In Re PrestoUnited States Bankruptcy Court, S.D. Texas · 2007
  5. Alexander v. Jensen-Carter (In Re Alexander)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999

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