Texas Codes
Tex. Ins. Code § 1108.053 (2026)
Exceptions To Exemptions
✓ current as of May 2026
Find cases:
SyfertCases citing this section
TX-LEGstatutes.capitol.texas.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Sec. 1108.053. EXCEPTIONS TO EXEMPTIONS. The exemptions provided by Section 1108.051 do not apply to:
(1) a premium payment made in fraud of a creditor, subject to the applicable statute of limitations for recovering the payment;
(2) a debt of the insured or beneficiary secured by a pledge of the insurance policy or the proceeds of the policy; or
(3) a child support lien or levy under Chapter 157, Family Code.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.301(a), eff. Sept. 1, 2003.
SUBCHAPTER C. ASSIGNMENT OF BENEFITS
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2006–2026 · leading case: Soza v. Hill (In Re Soza), 542 F.3d 1060 (5th Cir. 2008).
Soza v. Hill (In Re Soza), 542 F.3d 1060 (5th Cir. 2008). “" Tex. Ins. Code Ann. § 1108.053 . According to the debtors' repeated representations to the bankruptcy and district courts, this annuity was purchased not simply "to maximize the debtors' exemption claims" but to manipulate an inheritance that the debtor Andres Alejandro Soza…”
In Re Sissom, 366 B.R. 677 (Bankr. S.D. Tex. 2007). “Tex. Ins.Code Ann. § 1108.053(1) (Vernon 2006).”
Coffey v. Singer Asset Fin. Co., LLC, 223 S.W.3d 559 (Tex. App. 2007). “22 § 3 (Vernon 1981)) (subsequent amendments omitted) (now codified at Tex. Ins.Code Ann. § 1108.053(2) (Vernon Supp.”
In Re Foster, 360 B.R. 210 (Bankr. E.D. Tex. 2006). “Further, there are no allegations upon which the availability of the exemption could be precluded under one of the three statutory exceptions set forth in Tex. Ins.Code § 1108.053. 11 Therefore, the Debtor’s exemption claim appears valid and, accordingly, the burden of proof…”
Soza v. Hill (5th Cir. 2008). “” Tex. Ins. Code Ann. § 1108.053 . According to the debtors’ No.”
Kelly Shane Hearne v. Riversource Life Ins. Co. & Ameriprise Fin. Servs., LLC (Tex. App. 2023). “11, Section 3, which was recodified at TEX. INS. CODE § 1108.053). Because the evidence supported the trial court’s finding that the debtor purchased the annuity with intent to defraud his creditor, Liebman, 981 S.”
Niswonger (Bankr. E.D. Tex. 2026). “00) -10- The familial relationship surrounding the purchase of the Annuity, the pendency or threat of suits by Wells Fargo (later NLAC), the uncertainties of timing, and difficulty discerning who knew what when, all raise genuine issues about whether the purchase of the Annuity…”
— Tex. Ins. Code § 1108.053(1) — 3 cases
In Re Sissom, 366 B.R. 677 (Bankr. S.D. Tex. 2007). “Tex. Ins.Code Ann. § 1108.053(1) (Vernon 2006).”
Kelly Shane Hearne v. Riversource Life Ins. Co. & Ameriprise Fin. Servs., LLC (Tex. App. 2023). “11, Section 3, which was recodified at TEX. INS. CODE § 1108.053). Because the evidence supported the trial court’s finding that the debtor purchased the annuity with intent to defraud his creditor, Liebman, 981 S.”
Niswonger (Bankr. E.D. Tex. 2026). “00) -10- The familial relationship surrounding the purchase of the Annuity, the pendency or threat of suits by Wells Fargo (later NLAC), the uncertainties of timing, and difficulty discerning who knew what when, all raise genuine issues about whether the purchase of the Annuity…”
— Tex. Ins. Code § 1108.053(2) — 1 case
Coffey v. Singer Asset Fin. Co., LLC, 223 S.W.3d 559 (Tex. App. 2007). “22 § 3 (Vernon 1981)) (subsequent amendments omitted) (now codified at Tex. Ins.Code Ann. § 1108.053(2) (Vernon Supp.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.