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IN RE DAVIS

Bankruptcy No. 487-41796-MT-11. Adv. No. 394-3070.

170 B.R. 892 (1994)

In re Thomas Cullen DAVIS and Karen Joyce Davis, Debtors. Thomas Cullen DAVIS, Plaintiff, v. Sandra DAVIS, Defendant.

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

August 5, 1994.

Attorney(s) appearing for the Case

Kevin T. White, Hesse & Jones, Dallas, TX, for plaintiff.

St. Clair Newbern, III, Law Offices of St. Clair Newbern, III, Ft. Worth, TX, for defendant.

MEMORANDUM OPINION AND ORDER

STEVEN A. FELSENTHAL, Bankruptcy Judge.

Sandra Davis, the former spouse of the debtor, Thomas Cullen Davis, moves the court to order the United States Marshal to seize and sell the debtor's homestead in Fort Worth, pursuant to the Texas turnover statute, Texas Civ.Prac. & Rem.Code § 31.002(a).1 The debtor contends that Ms. Davis cannot use the Bankruptcy Code to preempt the Texas protection...

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