Legal Opinion
In the Matter of Adelle M. Sherk, Debtor. Adelle M. Sherk, and Ted R. Cackowski v. Texas Bankers Life & Loan Insurance Co.
Court of Appeals for the Fifth Circuit
Decided December 11, 1990No. 89-7017PublishedCited by 41 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
This case addresses the issue of whether the filing of a state court suit by a debtor’s wife alleging fraudulent transfer of a homestead property, where that homestead property has been claimed as an exemption by her debtor husband in his bankruptcy case, violates the automatic stay imposed by the Bankruptcy Code. Because we find that the claim for fraudulent transfer of a homestead property belongs to the trustee and is property of the estate, we hold that Adelle Sherk’s state court suit was in violation of the automatic stay. Accordingly, we AFFIRM the district court…
2Cases cited15 opinions
- Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
- In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
- In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
- Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- In Re MontgomeryUnited States Bankruptcy Court, W.D. Texas · 1987
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Cadle Co. v. Mims (In Re Moore)Court of Appeals for the Fifth Circuit · 2010
- In Re Joseph Gioioso Carol Jean Gioioso, Debtors. Chester J. Stuebben Westfield Home News Service, Inc. v. Joseph Gioioso Carol Jean GioiosoCourt of Appeals for the Third Circuit · 1992
- In Re Colonial Realty CompanyCourt of Appeals for the Second Circuit · 1992
- In Re StinsonUnited States Bankruptcy Court, E.D. Michigan · 1998
36 more not listed; retrieve them via the Exa API.