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IN RE POER

Bankruptcy No. 586-50065.

76 B.R. 98 (1987)

In re Wayne POER a/k/a Robert Wayne Poer, Debtor.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

July 17, 1987.

Attorney(s) appearing for the Case

Mike Calfin, Strasburger & Price, Lubbock, Tex., for debtor.

Max Tarbox, McWhorter, Cobb & Johnson, Lubbock, Tex., for trustee.

MEMORANDUM OF OPINION

CONCERNING MINERALS CLAIMED AS HOMESTEAD

JOHN C. AKARD, Bankruptcy Judge.

This case presents the question whether a Debtor may claim an interest in minerals underlying land as part of his exempt homestead where the Debtor does not own a surface interest.

Facts

On May 7, 1980 Wayne Poer (Debtor) received an undivided one-half interest in the oil, gas and other minerals located in:

the south...

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