IN RE MILLER

Bankruptcy No. 85-02069-H1-4.

58 B.R. 192 (1985)

In re Anita D. MILLER, Debtor. AMERICAN GUARANTY, INC., Movant, v. Anita D. MILLER and W. Steve Smith, Trustee, Respondents.

United States Bankruptcy Court, S.D. Texas, Houston Division.

December 5, 1985.


Attorney(s) appearing for the Case

Preston L. Dodson, Houston, Tex., for movant.

Lonnie B. Davis, Houston, Tex., for debtor.

W. Steve Smith, Houston, Tex., trustee.


MEMORANDUM OPINION AND ORDER

MANUEL D. LEAL, Bankruptcy Judge.

The issue presented is whether the lien of American Guaranty, Inc., is valid and enforceable under Texas law. The lien was fixed on Debtor's homestead at her specific request for the express purpose of allowing the Debtor to purchase the equitable lien awarded to her ex-husband in the divorce decree from the state family court. American Guaranty, Inc., (hereinafter "AGI") loaned Debtor the money...

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