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IN RE THAW

No. 14-40108.

769 F.3d 366 (2014)

In the Matter of Stanley THAW, Debtor Kernell Thaw, Appellant v. Christopher Moser, Appellee.

United States Court of Appeals, Fifth Circuit.

October 9, 2014.

Attorney(s) appearing for the Case

Robert M. Nicoud, Jr., Esq. , Olson Nicoud & Gueck, L.L.P., Dallas, TX, for Appellant.

Richard L. Bufkin , Bufkin Law Firm, Dallas, TX, for Appellee.

Before KING, GRAVES, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Kernell Thaw ("Kernell"), the non-debtor spouse of Stanley Thaw ("Stanley"), claims a homestead exemption in property held jointly with Stanley that is subject to a forced sale in Stanley's bankruptcy proceedings. She contends that the sale is a taking under the Fifth Amendment to the United States Constitution entitling her to just compensation. Because any potential property interest was acquired after the enactment of the Bankruptcy Abuse...

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