Mark Weisbart, et al v. Mary Shankle

Filing

UNPUBLISHED OPINION FILED. [13-40387 Affirmed ] Judge: CES , Judge: EMG , Judge: LHS Mandate pull date is 03/05/2014 [13-40387]

Case: 13-40387

Document: 00512530307

Page: 1

Date Filed: 02/12/2014

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 13-40387

February 12, 2014
Lyle W. Cayce
Clerk

In the Matter of: MARY HARP SHANKLES, doing business as Red River
Reporter,
Debtor
-----------------------------MARK ASHER WEISBART, U.S. Trustee; HYNDS & GORDON, P.C.;
DAVID N. MCNEES, doing business as Law Office of David N. McNees,
Appellees

v.

MARY HARP SHANKLES, doing business as Red River Reporter,
Appellant

Appeal from the United States Bankruptcy Court
for the Eastern District of Texas
Bankruptcy No. 11-43075
Before STEWART, Chief Judge, and GARZA and SOUTHWICK, Circuit
Judges.
PER CURIAM:*

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 13-40387

Document: 00512530307

Page: 2

Date Filed: 02/12/2014

No. 13-40387
Because we agree with the bankruptcy court that Mary Harp Shankles
obtained a “vested economic interest” in her homestead property only by the
2009 distribution deed, we affirm. Wallace v. Rogers (In re Rogers), 513 F.3d
212, 223 (5th Cir. 2008). We further agree with the bankruptcy court that any
relevant prior deeds, conveyances, or agreements were rendered null and void
ab initio, and that parties cannot contract around the 11 U.S.C. § 522(p)(1)
1,215-day “look-back” period.
AFFIRMED.

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