In the Matter of Norris

Citation499 F.3d 443
Decision Date22 August 2007
Docket NumberNo. 04-51215. Summary Calendar.,04-51215. Summary Calendar.
PartiesIn the Matter of Thomas Eugene NORRIS, Sr.; Karen Lynn Norris; Debtors. Thomas Eugene Norris, Sr.; Karen Lynn Norris, Appellants, v. Johnny W. Thomas, Trustee, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Melvin R. Blumberg, San Antonio, TX, for Appellants.

Johnny W. Thomas, San Antonio, TX, pro se.

Appeal from the United States District Court for the Western District of Texas; Xavier Rodriguez, Judge.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

PER CURIAM:

Thomas and Karen Norris challenge the bankruptcy court's ruling, affirmed by the district court, that their boat does not qualify as a homestead in bankruptcy. On June 20, 2005 we certified the question to the Supreme Court of Texas, thus:

Does a motorized waterborne vessel, used as a primary residence and otherwise fulfilling all of the requirements of a homestead except attachment to land, qualify for the homestead exemption under Article 16, §§ 50 and 51 of the Texas Constitution?1

On February 9, 2007, the Supreme Court of Texas issued its opinion in response to our certified question, holding that a boat cannot qualify as a homestead.2 In light of this decision by the Supreme Court of Texas, the judgment of the district court is

AFFIRMED.

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