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IN RE PIERCE

Bankruptcy No. 00-37098-H2-13, Adversary No. 00-3499.

272 B.R. 198 (2001)

In re Stephanie PIERCE, Debtor. Elbar Investments, Inc., Plaintiff, v. Stephanie R. Pierce, et al., Defendant.

United States Bankruptcy Court, S.D. Texas, Houston Division.

November 25, 2001.

Attorney(s) appearing for the Case

Richard L. Petronella, Houston, TX, for Plaintiff.

Pamela J. Franklin, Houston, TX, for Defendant.

Jennine Yvette Hovell-Cox, Houston, TX, for A.I.S.D. & Beechnut M.U.D.

Mary Daffin, Houston, TX, for Fairbanks Capital Corporation.

James J. Savage, Houston, TX, for Constable Glen Creek.

David Peake, Houston, TX, Chapter 13 Trustee.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

WESLEY W. STEEN, Bankruptcy Judge.

In this adversary proceeding, the Court must determine the effect of a judicial (tax) sale of the debtor's homestead that took place only minutes after this bankruptcy case was filed. Without knowledge that the case had been filed, Elbar Investments, Inc. ("Elbar") purchased the Debtor's homestead at the constable's sale for $31,000. The constable has declined to issue a deed...

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