MATTER OF DEBERRY

No. 17-50315.

884 F.3d 526 (2018)

In the MATTER OF: Curtis Harold DEBERRY, Debtor John Patrick Lowe, Appellee, v. Kathy DeBerry; Curtis Harold DeBerry; Goldstein, Goldstein & Hilley; Gerald H. Goldstein; Cynthia E. Orr, Appellants.

United States Court of Appeals, Fifth Circuit.

FILED March 7, 2018.


Attorney(s) appearing for the Case

Leslie Sara Hyman, Esq. , Elliott S. Cappuccio , Pulman, Cappuccio, Pullen, Benson & Jones, L.L.P., San Antonio, TX, for Appellee.

Raymond W. Battaglia , Law Office of Ray Battaglia, P.L.L.C., Eric B. Terry , San Antonio, TX, for Appellants.

Christopher Gibson Bradley , University of Kentucky, College of Law, Lexington, KY, Stephen W. Sather , Barron & Newburger, P.C., Michael Victor Baumer , Law Office of Michael Baumer, Austin, TX, for Amici Curiae.

Before HIGGINBOTHAM, SOUTHWICK, and COSTA, Circuit Judges.


Curtis DeBerry filed for Chapter 7 bankruptcy, listing his San Antonio home as exempt under Texas law. No objections were filed to this claimed exemption. Seven months later the bankruptcy court granted DeBerry's motion for authorization to sell the home, and he sold it for $364,592.21. DeBerry did not reinvest those...

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