Schwartz v. Castillo

* 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opinion should not be published and is not precedent except under the limited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.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 99-50725
Summary Calendar
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IN RE: ROBERT ENRIQUEZ CASTILLO,
Debtor,
HELEN G. SCHWARTZ, TRUSTEE,
Appellant,
versus
ROBERT ENRIQUEZ CASTILLO,
Appellee.
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Appeal from the United States District Court
for the Western District of Texas
Civil Docket #SA-99-CV-7
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July 7, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
In this bankruptcy case, the lower court made a fact-
intensive decision that the debtor had perfected his homestead
rights in a property formerly used by him as rental property, where
(1) he got divorced; (2) he promptly informed the tenant, six
months before filing bankruptcy, that she must move out at the end
of the lease as he intended to move in; and (3) he did move in just
after the tenant left. Although there are isolated contrary facts

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in the record, the trustee has not demonstrated that the findings
that Castillo both intended and overtly prepared to claim the
property as homestead after abandoning his previous homestead are
clearly erroneous or contrary to Texas law. The judgment is
AFFIRMED for essentially the reasons stated by the bankruptcy
court.

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