1. Home
  2. Browse Decisions
  3. F.2d
  4. 918 F.2d
  5. 918 F.2d 1170 (1990)
 

MATTER OF SHERK

No. 89-7017.

918 F.2d 1170 (1990)

In the Matter of Adelle M. SHERK, Debtor. Adelle M. SHERK, and Ted R. Cackowski, Appellants, v. TEXAS BANKERS LIFE & LOAN INSURANCE CO., Appellee.

United States Court of Appeals, Fifth Circuit.

December 11, 1990.

Attorney(s) appearing for the Case

Ted Robert Cackowski, Austin, Tex., for Sherk.

James D. Doyle, III, Kuhn, Doyle & Kuhn, Austin, Tex., for Cackowski.

Earl W. Sealy, James Arthur Price, Jr., Long, Burner, Parks & Sealy, Austin, Tex., for Texas Bankers Life.

Before WISDOM, GARWOOD, and JOLLY, Circuit Judges.

WISDOM, Circuit Judge:

This case addresses the issue of whether the filing of a state court suit by a debtor's wife alleging fraudulent transfer of a homestead property, where that homestead property has been claimed as an exemption by her debtor husband in his bankruptcy case, violates the automatic stay imposed by the Bankruptcy Code. Because we find that the claim for fraudulent transfer of a homestead property belongs to the trustee and is property of the estate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases