United States Fifth Circuit

The newly enacted homestead exemption cap found in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 does not apply to a homestead interest established within the 1,215-day period preceding the filing of the bankruptcy petition if the debtor acquired title to the property before that statutory period. The statutory text and legislative history indicate that the term "interest" refers to vested economic interests in the property that were acquired by the debtor within the 1,215-day period preceding the filing of the petition.

Appellate Information

• Decided 01/04/2008
• Published 01/07/2008

Judges

• DeMOSS, Circuit Judge:, Before DeMOSS, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Michael O'Dens (argued), SettlePou, Dallas, TX, for Appellant.


• For Appellees:
  
• Holly B. Guelich (argued), Dallas, TX, for Appellee.