From the Editor - Property of Estate and Exemptions • NACTT Academy

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Sale of Texas homestead. Texas law requires that proceeds from the sale of homesteads must be reinvested in another homestead within six months, and when debtor did not reinvest within that time, the proceeds became nonexempt property of estate. The Fifth Circuit had previously held that the six-month limit was an “integral feature” of Texas homestead exemption, and that “this essential element of the exemption must continue in effect even during the pendency of a bankruptcy case.” In re Zibman, 268 F.3d 298, 301 (5th . . .

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