McCombs v. HD Smith Wholesale Drug Co. (In re McCombs)
Oct
04
2011
Ruling
Bankruptcy court erred in finding that judgment creditor held an enforceable lien on proceeds of exempt homestead.
Procedural posture
A trustee and nondebtor spouse (wife) appealed the U.S. Bankruptcy Court for the Southern District of Texas' grant of summary judgment to a judgment creditor. The trustee and the wife argued the bankruptcy court erred in holding that the creditor had an enforceable lien against the proceeds of the sale of the debtor's homestead property in excess of the $125,000 homestead exemption.
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Court
:
Judge or Jurisdiction information not available