Legal Opinion

In Re Bading

United States Bankruptcy Court, W.D. Texas

Decided September 22, 2007No. 19-30265PublishedCited by 6 opinions

1Opinion of the Court

Decision on Motion to Toll Exemption Period

LEIF M. CLARK, Bankruptcy Judge.

This decision involves a debtor’s homestead exemption in the proceeds from the sale of one of two tracts of land, both of which singly constituted the debtor’s homestead. Proceeds from the sale of a homestead normally retain their homestead exemption for six months, within which time they must be re-invested in the acquisition of a new homestead. Chapter 13 debtor Jeanna Bading (the “Debtor”) seeks to toll this six month period, because a creditor abstracted a judgment as to the Debtor’s homestead and refused to…

2Cases cited15 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Woods v. Alvarado State BankTexas Supreme Court · 1929
  3. In the Matter of Kelly P. Bradley, Debtor. Kelly P. Bradley v. Pacific Southwest Bank, FsbCourt of Appeals for the Fifth Circuit · 1992
  4. In the Matter of E.C. Henderson and Phyllis Henderson, Debtors. E.C. Henderson and Phyllis Henderson v. Lee BelknapCourt of Appeals for the Fifth Circuit · 1994
  5. 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

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3Cited by6 opinions

  1. In Re MarriottUnited States Bankruptcy Court, D. Idaho · 2010
  2. Gulamali v. Dinh (In re Dinh)United States Bankruptcy Court, S.D. Texas · 2016
  3. In Re CrumUnited States Bankruptcy Court, N.D. Texas · 2009
  4. CLAY DUDLEYUnited States Bankruptcy Court, E.D. California · 2020
  5. Halperin v. MorenoDistrict Court, D. Delaware · 2019

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