Kim, et al. v. Dome Entertainment Center, Inc., No. 10-10882 (5th Cir. 2014)Annotate this Case
A non-debtor spouse contended that her homestead rights in the Texas residence that she shares with her husband, the debtor in bankruptcy, precluded a forced sale of the property and alternatively, that if a sale occurred, she must be compensated for the loss of her homestead interest in the property. The bankruptcy court held that the non-debtor spouse's homestead rights were limited to the dollar amount of the exemption in 11 U.S.C. 522(p) and that there was no unconstitutional taking of the value of the non-debtor spouse's interest in the homestead. The court affirmed the district court's affirmance of the bankruptcy court's holdings.
The court issued a subsequent related opinion or order on April 11, 2014.