IN RE ODES HO KIM

No. 10-10882.

748 F.3d 647 (2014)

In the Matter of ODES HO KIM, Debtor. Odes Ho Kim; Chong Ann Kim, Appellants, v. Dome Entertainment Center, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

April 9, 2014.


Attorney(s) appearing for the Case

Howard Marc Spector (argued), Nathan Matthew Johnson, Esq. , Spector & Johnson, P.L.L.C. Dallas, TX, for Appellee.

Gerrit M. Pronske (argued), Pronske Goolsby & Kathman, P.C. Monica Susan Blacker, Esq. , Jackson Walker, L.L.P. Dallas, TX, Charles L. Perry (argued), Andrews Kurth, L.L.P. Dallas, TX, for Appellant.

Before HIGGINBOTHAM, OWEN, and HAYNES, Circuit Judges.


PRISCILLA R. OWEN, Circuit Judge:

A non-debtor spouse contends that her homestead rights in the Texas residence that she shares with her husband, the debtor in bankruptcy, preclude a forced sale of the property and alternatively, that if a sale occurs, she must be compensated for the loss of her homestead interest in the property. The district court affirmed the bankruptcy court's holding that the non-debtor spouse's homestead rights were limited to the dollar amount...

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