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IN RE SMITH

Bankruptcy No. 12-32096. Adversary No. 14-03115.

514 B.R. 838 (2014)

In re Cody W. SMITH, Debtor. Lowell T. Cage, Trustee, Plaintiff, v. Cody W. Smith & Tracy G. Smith, Defendants.

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

Signed August 4, 2014.

Attorney(s) appearing for the Case

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

Alan Sanford Gerger, Dunn Neal et al., Houston, TX, for Defendants.

MEMORANDUM OPINION REGARDING DEFENDANTS' SUPPLEMENTAL AND AMENDED MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM

JEFF BOHM, Chief Judge.

The Court writes this Memorandum Opinion because it concerns an important homestead issue: whether the Fifth Circuit's recent holding in the Chapter 13 case of Viegelahn v. Frost (In re Frost), 744 F.3d 384 (5th Cir.2014) applies...

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