Alwin Gerald Morgan, 607 B.R. 880

Debtor Alwin G. Morgan filed Chapter 11 on Jan. 1, 2019 and elected Texas exemptions; Regions Bank timely objected to his claimed homestead in 604 Logans Lane (Austin).
Morgan purchased 604 Logans Lane on May 26, 2016 (shortly after marrying Keyla Turro on May 15, 2016); he closed on 426 Warner Road (Bellville) on June 17, 2016 after leasing and living there since Aug. 1, 2015.
Morgan and Turro lived separately: Morgan resided at Warner Road; Turro at Logans Lane; they never established sustained cohabitation as a family homestead.
Morgan’s sworn bankruptcy filings, Statement of Financial Affairs, prior property-tax homestead claims (2017–2019), and the Warner Road deed of trust (occupancy covenant) indicate Warner Road was his residence; he also admitted those schedules were true under oath.
The court found Morgan had not performed overt acts or shown intent to make Logans Lane the family homestead, sustained Regions’ objection, disallowed the claimed homestead at 604 Logans Lane (and at 426 Warner Road), and ordered Morgan to amend his exemptions.

Issue	Regions' Argument	Morgan's Argument	Held
Validity of Logans Lane as family homestead	Not a homestead — debtor never resided there, no overt acts or intent, inconsistent sworn statements	Claimed Logans Lane as marital homestead; moved some items; urged tolling/exception to timing rules	Denied — debtor failed both usage and intent prongs; homestead claim disallowed
Validity of Warner Road as family homestead	Not a family homestead because wife never lived there; schedules/deed show it was debtor’s residence but not a joint family homestead	Argued Bellville was his residence and had been treated as homestead for tax purposes	Court found Warner Road was debtor’s residence but not a family homestead; neither property qualifies as the couple’s homestead
Applicability of 11 U.S.C. § 522(p) timing/exception and equitable tolling	Statutory cap applies unless exception met; no basis for equitable tolling	Argued equitable tolling and that timing/transfer exception preserved exemption	Court noted equitable tolling does not apply to §522(p); debtor miscounted days and statutory exception had expired; court resolved objection on homestead validity rather than reach full §522(p) relief

Kennard v. MBank Waco (In re Kennard), 970 F.2d 1455 (5th Cir. 1992) (governing two‑part homestead test: overt acts of use and intent)
In re Perry, 345 F.3d 303 (5th Cir. 2003) (prepetition homestead designation affords prima facie evidence)
Lowe v. Sandoval (In re Sandoval), 103 F.3d 20 (5th Cir. 1997) (homestead validity assessed as of petition date)
In re Bradley, 960 F.2d 502 (5th Cir. 1992) (possession and residence are key to establishing homestead)
O'Neil v. Mack Trucks, Inc., 542 S.W.2d 112 (Tex. 1976) (one homestead allowed; homestead protections under Texas law)
Tremaine v. Showalter, 613 S.W.2d 35 (Tex. Civ. App.—Corpus Christi 1981) (separated married person cannot establish a new homestead separate from spouse)
Hillock Homes, Inc. v. Claflin (In re Claflin), 761 F.2d 1088 (5th Cir. 1985) (contingent future plans insufficient to establish homestead intent)
Hillard v. Home Builders Supply Co., 399 S.W.2d 198 (Tex. Civ. App.—Fort Worth 1966) (occasional use insufficient to create homestead)
Crowder v. Union Nat’l Bank of Houston, 261 S.W. 375 (Tex. 1924) (husband and wife cannot have separate homesteads)