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Fifth Circuit Protects Texas Tax Lien Purchasers

In a case where private enterprise meets governmental finance, the Fifth Circuit has ruled that purchasers of Texas tax liens are protected from having their contractual interest rates modified in a plan. Tax Ease Funding, LP v. Thompson , et al, No. 09-20777 (5th Cir. 11/11/10). The opinion can...

Fifth Circuit Erodes Protection for Texas Homesteads Sold After Filing

Expanding upon its decision in Matter of Zibman , 268 F.3d 298 (5th Cir. 2001) [ an enhanced version of this opinion is available to lexis.com subscribers ], the Fifth Circuit has ruled that the proceeds from sale of a Texas homestead lose their exempt character if they are not reinvested within six...

Kim Case KOs Homestead Interest of Non-Filing Spouse

This has not been a good year for Texas homesteads involved in bankruptcy proceedings. In April, the Fifth Circuit ruled (after nearly two years under advisement) that the non-filing spouse does not have a separate homestead estate entitled to protection when the other spouse files bankruptcy, or, as...

Texas Judges Explore State Law on Liens and Homestead Exemptions

Much state law regarding liens and property rights emerges from the Bankruptcy Courts because they are frequently the first to confront novel issues. Two recent opinions from the Western District of Texas bankruptcy judges confirm this trend. In one case, Judge Tony Davis found that an option to acquire...