Graham v. Irene C Hofheinz Fdn

*Circuit Judge of the Ninth Circuit, sitting by designation.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 00-20065
_______________________
In the Matter of: ROSALIND LOUISE GRAHAM,
Debtor,
ROSALIND LOUISE GRAHAM,
Appellant,
versus
IRENE CAFCALAS HOFHEINZ FOUNDATION,
Appellee,
.
In the Matter of: ROSALIND LOUISE GRAHAM,
Debtor,
ROSALIND LOUISE GRAHAM,
Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
Civil Docket Nos. #H-98-2326; H-98-CV-2806; H-98-CV-2807
_________________________________________________________________
November 16, 2000
Before GOODWIN*, GARWOOD, and JONES, Circuit Judges.

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**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this opinion should not be published and is not precedent except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.
2
PER CURIAM:**
The court, having carefully considered this appeal in
light of the briefs, oral argument and pertinent portions of the
record, finds no clear error in the bankruptcy court’s finding that
the sale of Graham’s residence, if it was a homestead at the date
of sale, was known about and approved by Mrs. Graham, who thus
abandoned her homestead exemption. Further, the bankruptcy court
did not abuse its discretion in reconsidering its original May 27,
1997 order, when evidence of the 1992 chapter 13 case first came to
light, or in rejecting appellant’s motion to reconsider following
the November, 1997 judgment. Finally, the ex parte hearing
conducted by the bankruptcy court in September, 1996 did not
prejudice appellant.
AFFIRMED.

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