Legal Opinion
Kernell Thaw v. Christopher Moser
Court of Appeals for the Fifth Circuit
Decided October 9, 2014No. 14-40108PublishedCited by 11 opinions
1Opinion of the Court
HIGGTNSON, Circuit Judge:
Kernell Thaw (“Kernell”), the non-debt- or spouse of Stanley Thaw (“Stanley”), claims a homestead exemption in property held jointly with Stanley that is subject to a forced sale in Stanley’s bankruptcy proceedings. She contends that the sale is a taking under the Fifth Amendment to the United States Constitution entitling her to just compensation. Because any potential property interest was acquired after the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), there is no taking and we AFFIRM the lower courts.
FACTS AND…
2Cases cited8 opinions
- Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
- United States v. RodgersSupreme Court of the United States · 1983
- United States v. Security Industrial BankSupreme Court of the United States · 1982
- Moncrief Oil International Inc. v. OAO GazpromCourt of Appeals for the Fifth Circuit · 2007
- In Re Gary Thompson and Randalyn Thompson, Debtors-Appellees. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wiggains v. Reed (In re Wiggains)Court of Appeals for the Fifth Circuit · 2017
- Wiggains v. Reed (In re Wiggains)United States Bankruptcy Court, N.D. Texas · 2015
- Park Restoration, LLC v. Summit Township (In re Trustees of Conneaut Lake Park, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2015
- Buffets, LLC v. California Franchise Tax BoardDistrict Court, W.D. Texas · 2020
- Gassaway v. TMGN 121, LLC, A Texas limited liability companyDistrict Court, N.D. Texas · 2020
6 more not listed; retrieve them via the Exa API.