MATTER OF ENGLAND

No. 91-7381.

975 F.2d 1168 (1992)

In the Matter of Wesley R. ENGLAND, Debtor. Wesley R. ENGLAND, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Abrams Centre National Bank, and J. Gregg Pritchard, Chapter 7 Trustee in Bankruptcy, etc., Appellees.

United States Court of Appeals, Fifth Circuit.

October 26, 1992.


Attorney(s) appearing for the Case

Philip I. Palmer, Jr., Palmer & Palmer, P.C., Dallas, Tex., for appellant.

Marilyn R. Chambers, F.D.I.C. Legal Div., Dallas, Tex., for FDIC.

Ruth A. Wagoner, Troy D. Phillips, Geary, Glast & Middleton, Dallas, Tex., for Pritchard.

Holly B. Guelich, Herman A. Lusky, Dallas, Tex., for Abrams.

Before POLITZ, Chief Judge, JOHNSON and JOLLY, Circuit Judges.


JOHNSON, Circuit Judge:

This case calls on the Court to determine whether both a homestead and proceeds from the sale of a former homestead are exempt under section 41.001 of the Texas Property Code. Wesley R. England appeals, urging the Court to reverse the Northern District Court's holding that both are not exempt. Concluding that the language in section 41.001 clearly and unambiguously forbids the simultaneous exemption of both, we affirm.

I. Facts and...

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