Legal Opinion

In the Matter of Francisco A. Fernandez and Maura M. Fernandez, Debtors. Francisco A. Fernandez and Maura M. Fernandez v. Martin W. Seidler, Trustee

Court of Appeals for the Fifth Circuit

Decided September 19, 1988No. 88-5551PublishedCited by 14 opinions

1Per curiam

Appellants Francisco and Maura Fernandez voluntarily filed a joint Chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Western District of Texas. Pursuant to 11 U.S.C. § 522(b), Mr. and Mrs. Fernandez elected to claim exemptions as provided by Texas state law. Appellants listed over $8,000 worth of jewelry as exempt property. 1 Texas Property Code § 42.002(3)(C) allows debtors to exempt “clothing,” but includes no separate category for “jewelry.” 2 The bankruptcy court came to the plausible conclusion that “clothing” does not include jewelry and denied appellants’…

2Cases cited7 opinions

  1. Hickman v. HickmanTexas Supreme Court · 1950
  2. Carbide International, Ltd. v. StateCourt of Appeals of Texas · 1985
  3. Bryant v. Metropolitan Transit AuthorityCourt of Appeals of Texas · 1986
  4. Patterson v. EnglishCourt of Appeals of Texas · 1911
  5. Carson v. McFarlandCourt of Appeals of Texas · 1947

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3Cited by14 opinions

  1. Fleming Foods of Texas, Inc. v. RylanderTexas Supreme Court · 1999
  2. In Re VolpeUnited States Bankruptcy Court, W.D. Texas · 1989
  3. Walden v. McGinnesCourt of Appeals for the Fifth Circuit · 1994
  4. Lebovitz v. Hagemeyer (In Re Lebovitz)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
  5. In Re LevaUnited States Bankruptcy Court, W.D. Texas · 1989

9 more not listed; retrieve them via the Exa API.

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