Mark Weisbart v. Mary Shankles

Case: 13-40387 Document: 00512530307 Page: 1 Date Filed: 02/12/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 12, 2014 No. 13-40387 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2