William Weber

William D. Weber

Board Certified,

Consumer Bankruptcy Law,

Texas Board of Legal Specialization

Born: 1955, Mt. Lebanon, PA.

Education: A.B. (summa cum laude)1979, Ohio University; J.D. (cum laude)1983, University of Houston Law Center (Class Rank: 19/332 – top 6%).

Honors: Order of the Coif; Order of the Barons.

Board Certifications: Consumer Bankruptcy Law, Texas Board of Legal Spe­cial­ization (1997) (recertified 2002, 2008 & 2012).

Courts Admitted: All Texas state courts (1983); U.S. District Courts – Southern, Northern & Western Districts of Texas; U.S. Court of Appeals, Fifth Circuit (1983); U.S. Supreme Court (1994).

Memberships: Member, State Bar of Texas (1983-present); Member, State Bar of Texas, Bankruptcy Section; Member, National Association of Consumer Bankruptcy Attorneys (1998-2008, 2013-Present); Member, Houston Association of Consumer Bankruptcy Attorneys (1997-Present).

Significant Decisions:

McDonald, 486 B.R. 843 (Bankr. S.D. Tex. 2013).

Description: Did Debtor abandon her homestead by temporarily moving from her Texas home to New Orleans to pursue an employment opportunity.

Outcome: No. Debtor did not abandon her homestead under the circumstances. A homestead exemption may be lost or abandoned by a removal from the premises under circumstances clearly indicating that the removal is not merely temporary. A homestead claimant is not required to remain on the homestead property at all times; rather, the claimant may be absent from the property as long as the absence is temporary. One does not necessarily abandon a homestead by merely moving his home. The length of time of an absence is not dispositive in determining whether an absence is temporary or permanent; rather, the overriding consideration in determining whether an absence is temporary or permanent is the homestead claimant’s intent.

Husky Int’l Elecs., Inc. v. Ritz (In re Ritz), 459 B.R. 623 (Bankr. S.D. Tex. 2011), affirmed, 513 B.R. 510 (S.D. Tex. 2014), affirmed,, 787 F.3d 312 (5th Cir. 2015), reversed, 136 S. Ct. 1581 (2016), opinion on remand, 2016 U.S. App. Lexis 14750 (5th Cir. 2016).

Weber Law Firm, P.C.
6666 Harwin Drive #220
Houston, TX 77036

Phone: 713-789-3300