26 Cited authorities

Butner v. United States
440 U.S. 48 (1979) Cited 4,384 times 17 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
United States v. Rodgers
461 U.S. 677 (1983) Cited 874 times 4 Legal Analyses
Holding that § 7403 contemplates "the recognition of third-party interests through the mechanism of judicial valuation and distribution"
Farrey v. Sanderfoot
500 U.S. 291 (1991) Cited 481 times 1 Legal Analyses
Holding that the debtor must have had an interest in the property before the lien attached to take advantage of § 522
McLain v. Robert
516 F.3d 301 (5th Cir. 2008) Cited 89 times
Holding that property that "is entitled to be exempted is initially regarded as estate property until it is claimed and distributed as exempt" (quoting Cyrak v. Poynor, 80 B.R. 75, 79 (N.D.Tex.1987))
Matter of Bradley
960 F.2d 502 (5th Cir. 1992) Cited 113 times
Reviewing legal conclusions regarding bankruptcy issues de novo
Wolters Village, Ltd. v. Village Properties, Ltd. (In re Village Properties, Ltd.)
723 F.2d 441 (5th Cir. 1984) Cited 116 times
Determining that the Butner principle "remains unscathed by the new Bankruptcy Code"
Heggen v. Pemelton
836 S.W.2d 145 (Tex. 1992) Cited 84 times
Holding reimbursement is an economic interest possessed by a spouse who has contributed to the improvement of property awarded to the other spouse
In re Rogers
513 F.3d 212 (5th Cir. 2008) Cited 51 times
Assuming that equity acquired due to improving property would be subject to cap
In the Matter of Davis
170 F.3d 475 (5th Cir. 1999) Cited 65 times
Holding that because Congress gave states discretion under § 522(b), the states are free to "supplement bankruptcy law with respect to exemptions"
Painewebber, Inc. v. Murray
260 B.R. 815 (E.D. Tex. 2001) Cited 33 times
Holding land as rural homestead where evidence was presented that debtor chopped wood, built a duck blind, irrigated, and farmed or sharecropped the land, and also used land for walking, picnicking, gardening, growing hay, hunting, and cutting wood
Section 541 - Property of the estate
11 U.S.C. § 541 Cited 14,361 times 73 Legal Analyses
Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"
Section 522 - Exemptions
11 U.S.C. § 522 Cited 10,254 times 36 Legal Analyses
Granting debtor power to avoid judicial lien that impairs exemption
Rule 32 - Form of Briefs, Appendices, and Other Papers
Fed. R. App. P. 32 Cited 228 times 7 Legal Analyses
Providing that a principle brief may not exceed 30 pages
Section 41.001 - Interests in Land Exempt From Seizure
Tex. Prop. Code § 41.001 Cited 213 times 1 Legal Analyses
Finding of Fact No. 2
Section 5.001 - Sale, Conveyance, or Encumbrance of Homestead
Tex. Fam. Code § 5.001 Cited 27 times
Governing sale or encumbrance of homestead property

Kim v. Kim et al

26 Cited authorities

Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

Holding that § 7403 contemplates "the recognition of third-party interests through the mechanism of judicial valuation and distribution"

Holding that the debtor must have had an interest in the property before the lien attached to take advantage of § 522

Holding that property that "is entitled to be exempted is initially regarded as estate property until it is claimed and distributed as exempt" (quoting Cyrak v. Poynor, 80 B.R. 75, 79 (N.D.Tex.1987))

Reviewing legal conclusions regarding bankruptcy issues de novo

Determining that the Butner principle "remains unscathed by the new Bankruptcy Code"

Holding reimbursement is an economic interest possessed by a spouse who has contributed to the improvement of property awarded to the other spouse

Assuming that equity acquired due to improving property would be subject to cap

Holding that because Congress gave states discretion under § 522(b), the states are free to "supplement bankruptcy law with respect to exemptions"

Holding land as rural homestead where evidence was presented that debtor chopped wood, built a duck blind, irrigated, and farmed or sharecropped the land, and also used land for walking, picnicking, gardening, growing hay, hunting, and cutting wood

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Granting debtor power to avoid judicial lien that impairs exemption

Providing that a principle brief may not exceed 30 pages

Finding of Fact No. 2

Governing sale or encumbrance of homestead property