Legal Opinion

In Re Howard

United States Bankruptcy Court, W.D. Texas

Decided September 8, 1986No. 13-52086PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOSEPH C. ELLIOTT, Chief Judge.

The major issue confronting the Court in this Chapter 7 case is whether a debtor, who has claimed a Texas homestead exemption under 11 U.S.C. § 522, may avoid a lien asserted by the Federal Deposit Insurance Corporation on that homestead, on the grounds that the lien is invalid under the Texas homestead laws.

FACTS

The Howards’ case is before the Court on the Debtors’ Motion to Avoid Liens, which was heard on May 1, 1986. The relevant facts, either stipulated to by the parties or determined from the evidence adduced at the hearing, the Court…

2Cases cited36 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  3. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  4. United States v. KirkpatrickSupreme Court of the United States · 1824
  5. Fed. Sec. L. Rep. P 98,654 William L. Gunter and Camille S. Gunter v. Theodore M. HutchesonCourt of Appeals for the Eleventh Circuit · 1982

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

3Cited by12 opinions

  1. Doody v. Ameriquest Mortgage Co.Texas Supreme Court · 2001
  2. American Federation of State Employees v. Federal Deposit InsuranceDistrict Court, District of Columbia · 1992
  3. Templin v. WeisgramCourt of Appeals for the Fifth Circuit · 1989
  4. Jeanne Patterson v. Federal Deposit Insurance CorporationCourt of Appeals for the Fifth Circuit · 1990
  5. Resolution Trust Corp. Ex Rel. Valley Federal Savings Ass'n v. OlivarezCourt of Appeals for the Fifth Circuit · 1994

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