IN RE SOZA

No. 06-21004.

542 F.3d 1060 (2008)

In The Matter Of: Andres Alejandro SOZA; Mary Rachel C. Buzo, Debtors. Andres Alejandro Soza; Mary Rachel C. Buzo, Appellees, v. Joseph M. Hill, Appellant.

United States Court of Appeals, Fifth Circuit.

September 12, 2008.


Attorney(s) appearing for the Case

Ira D. Joffe, Law Offices of David W. Barry, Houston, TX, for Appellees.

Timothy L. Wentworth, Cage, Hill & Niehaus, Houston, TX, for Appellant.

Before JONES, Chief Judge, and WIENER, and CLEMENT, Circuit Judges.


EDITH H. JONES, Chief Judge:

The question presented in this bankruptcy appeal is whether an annuity purchased by a debtor couple the day before they sought bankruptcy relief is, under the facts here presented, exempt under Texas law, Tex. Ins. Code Ann. § 1108.051, or non-exempt because it was "a premium payment made in fraud of a creditor . . . ." Tex. Ins. Code Ann. § 1108.053. According to the debtors' repeated...

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