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IN RE BROOKS

Bankruptcy Nos. 87-00380-C-13, 87-00381-C-13, Adv. No. 87-0043-C.

103 B.R. 123 (1988)

In re Terrell BROOKS, Debtor. In re Randall BROOKS, Debtor. Terrell BROOKS, Randall Brooks, Plaintiffs, v. CHARTER BANK NORTHWEST, Defendant.

United States Bankruptcy Court, S.D. Texas, Corpus Christi Division.

February 17, 1988.

Attorney(s) appearing for the Case

Jan L. Shepard, Corpus Christi, Tex., for debtors-plaintiffs.

Ron Simank, Kleberg, Dyer, Redfork & Weil, Corpus Christi, Tex., for defendant.

RANDOLPH F. WHELESS, Jr., Bankruptcy Judge.

The adversary proceeding before this Court was filed on May 12, 1987, and originated from the Chapter 11 bankruptcy of a Texas partnership known as "Brooks Brothers." Both partners in Brooks Brothers filed for individual relief under Chapter 13 of the Bankruptcy Code on May 5, 1986. This opinion addresses the singular issue of whether partnership property can be claimed as business homestead in Texas. FACTS:

In 1977...

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