Norris v. Thomas (In re Thomas)

499 F.3d 443, 2007 U.S. App. LEXIS 20042, 2007 WL 2438135

Opinion

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.

Footnotes

1

. In re Norris, 413 F.3d 526 (5th Cir.2005).

2

. See Norris v. Thomas, 215 S.W.3d 851 (Tex. 2007).