MATTER OF BOWYER

No. 89-7029.

916 F.2d 1056 (1990)

In the Matter of Denis Edward BOWYER, Debtor. NCNB TEXAS NATIONAL BANK, formerly First Republicbank Austin, Appellant, v. Denis Edward BOWYER, Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 1990.


Attorney(s) appearing for the Case

Joanalys B. Smith, Thomas T. Rogers, Small, Craig & Werkenthin, Austin, Tex., for appellant.

William C. Davidson, Jr., Austin, Tex., for appellee.

Before WISDOM, DAVIS, and BARKSDALE, Circuit Judges.


BARKSDALE, Circuit Judge:

Appellant NCNB objected to Dr. Bowyer's discharge in his Chapter 7 bankruptcy proceeding; but, the bankruptcy court allowed it, and the district court affirmed. Because Bowyer's use of non-exempt funds on the eve of bankruptcy, including conversion to exempt assets (such as satisfaction of his homestead mortgage), constituted intent to hinder or delay a creditor, we REVERSE.

I.

Bowyer, an anesthesiologist, was a member of...

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