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IN RE CROFT

No. 13-50020 Summary Calendar.

737 F.3d 372 (2013)

In the Matter of Bradley L. CROFT Debtor. Bradley L. Croft, Appellant v. Jeanette Barbara Lowry; AMS SA Management, L.L.C., also known as Association Management Services; Shavano Rogers Ranch Swim Club, Incorporated, Appellees.

United States Court of Appeals, Fifth Circuit.

December 10, 2013.

Attorney(s) appearing for the Case

David Thornton Cain , Attorney, San Antonio, TX, for Appellant.

R. Glen Avers. Jr., Esq. , Allen Mahlon DeBard, Esq. , Langley & Banack, Inc., San Antonio, TX, Charles B. Gorham , San Antonio, TX, for Appellees.

Before JOLLY, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM.

This Texas bankruptcy case presents a question of first impression in this circuit and under Texas law. The issue is whether defensive appellate rights are considered property under Texas law. If so, they will be considered property of the bankruptcy estate and may be sold by the trustee; if not, then the debtor retains his right to appeal a judgment against him. We AFFIRM the district court's determination that defensive appellate rights are property...

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