Legal Opinion

In the Matter of Russell Durwood Daves, Debtor, Republicbank, Lubbock, N.A. v. Russell Durwood Daves

Court of Appeals for the Fifth Circuit

Decided September 19, 1985No. 84-1082PublishedCited by 31 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

This is an appeal from the bankruptcy court’s decision in an adversary proceeding which imposed an equitable lien against Texas homestead property of a Chapter 13 debtor to Secure indebtedness of $54,000 to the appellee Bank.

FACTS AND PROCEEDINGS BELOW

Debtor, appellant Russell Durwood Daves, is an attorney who has practiced law in Lubbock County, Texas since June 1977. The year he began his practice, debt- or and his wife purchased a vacant residential lot in Lake Ransom Canyon for $7,750 and prepared plans and specifications for construction of their home on that lot.…

2Cases cited19 opinions

  1. Burkhardt v. LiebermanTexas Supreme Court · 1942
  2. Bray v. CurtisCourt of Appeals of Texas · 1976
  3. Larry D. Harris v. Sentry Title Company, Inc. v. Travis WardCourt of Appeals for the Fifth Circuit · 1983
  4. Lincoln v. BennettTexas Supreme Court · 1941
  5. McGoodwin v. McGoodwinTexas Supreme Court · 1984

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3Cited by31 opinions

  1. In Re O.J. OSBORN and Roma Lou Osborn, Debtors. O.J. OSBORN and Roma Lou Osborn, Appellants, v. DURANT BANK & TRUST COMPANY, AppelleeCourt of Appeals for the Tenth Circuit · 1994
  2. Doody v. Ameriquest Mortgage Co.Texas Supreme Court · 2001
  3. Bankr. L. Rep. P 71,664 in Re John Hugh Niland, Debtor. Tim Truman and John Niland v. Darwin Deason v. Continental Savings AssociationCourt of Appeals for the Fifth Circuit · 1987
  4. Commonwealth v. DiGeronimoMassachusetts Appeals Court · 1995
  5. In Re Gary Raymond Donahue, Debtor. Linda K. (Donahue) Parker v. Gary Raymond Donahue, James T. Wiglesworth, Amicus CuriaeCourt of Appeals for the Tenth Circuit · 1988

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