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IN RE DAVIS

Civ. A. No. 3:94-CV-2024-D. Bankruptcy No. 487-41796-MT-11. Adv. No. 394-3070.

188 B.R. 544 (1995)

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

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

November 8, 1995.

Attorney(s) appearing for the Case

St. Clair Newbern, III, Ft. Worth, Tex., for defendant-appellant.

R. Steven Jones, Ronald R. Payne (argued), and Ted S. Byers of Hesse & Jones, Dallas, Tex., for plaintiff-appellee.

FITZWATER, District Judge:

This appeal presents the question whether 11 U.S.C. § 522(c)(1), which provides that exempt property is liable for § 523(a)(5) debts (family support obligations), preempts Texas homestead law. The bankruptcy court held that it does not. In re Davis, 170 B.R. 892 (Bankr.N.D.Tex.1994). Because Texas homestead law is not preempted, the bankruptcy court's order is affirmed.

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