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MATTER OF CROWELL

No. 97-10683.

138 F.3d 1031 (1998)

In the Matter of: Charles R. CROWELL, Debtor. Charles R. CROWELL, Appellant, v. THEODORE BENDER ACCOUNTING, INC.,d/b/a Theodore Bender Accounting Service, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

April 29, 1998.

Attorney(s) appearing for the Case

St. Clair Newbern, III, Fort Worth, TX, for Crowell.

Lawrence S. Fischman, Glast, Phillips & Murray, Dallas, TX, for Appellee.

Before DAVIS, WIENER and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

I.

FACTS & PROCEDURAL HISTORY

Charles R. Crowell filed for Chapter 13 reorganization on January 4, 1988. Crowell claimed a rural homestead exemption under Texas law for a forty-two (42) acre tract of land within the city limits of Keller, Texas. Theodore Bender Accounting, Inc. ("Bender") had a lien on the forty-two acres. The Chapter 13 Trustee objected to the designation of all forty-two acres as exempt rural...

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