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IN RE McCOMBS

No. 08-20171.

659 F.3d 503 (2011)

In the Matter of Michael Ray McCOMBS, Debtor. W. Steve Smith, as Trustee for Michael McCombs; Alicia Atkinson McCombs, Appellants, v. H.D. Smith Wholesale Drug Co., Appellee.

United States Court of Appeals, Fifth Circuit.

October 4, 2011.

Attorney(s) appearing for the Case

Heather R. Potts (argued), Blanche D. Smith , McFall, Breitbeil & Shults, P.C., Houston, TX, for W. Steve Smith, as Trustee for Michael McCombs Appellant.

Michael John Stanley (argued), Stanley, Frank & Rose, L.L.P., Houston, TX, for Alicia Atkinson McCombs Appellant.

Joe D. Tolbert (argued), Russell Rhea Barton , Barbara Elaine Hargis , Thomas Dwain Powers , Harris, Finley & Bogle, P.C., Fort Worth, TX, for Appellee.

Before OWEN and HAYNES, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

Bankruptcy Trustee W. Steve Smith (Trustee or Smith) and nondebtor spouse Alicia Atkinson McCombs (Atkinson) appeal the bankruptcy court's grant of summary judgment to H.D. Smith Wholesale Drug Company (H.D. Smith). The Trustee and Atkinson argue that the bankruptcy court erred in holding that H.D. Smith had an enforceable lien against the proceeds of the sale of the debtor's homestead property in excess of the $125,000 homestead...

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