                    UNITED STATES COURT OF APPEALS
                         FOR THE FIFTH CIRCUIT
                        _______________________

                              No. 99-50725
                            Summary Calendar
                        _______________________

                   IN RE: ROBERT ENRIQUEZ CASTILLO,

                                                                    Debtor,

                      HELEN G. SCHWARTZ, TRUSTEE,

                                                                 Appellant,

                                  versus

                       ROBERT ENRIQUEZ CASTILLO,

                                                                  Appellee.

_________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                      Civil Docket #SA-99-CV-7
_________________________________________________________________
                            July 7, 2000


Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

           In this bankruptcy case, the lower court made a fact-

intensive decision that the debtor had perfected his homestead

rights in a property formerly used by him as rental property, where

(1) he got divorced; (2) he promptly informed the tenant, six

months before filing bankruptcy, that she must move out at the end

of the lease as he intended to move in; and (3) he did move in just

after the tenant left.     Although there are isolated contrary facts


     *
            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opinion should not be published and is not precedent except under the limited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.
in the record, the trustee has not demonstrated that the findings

that Castillo both intended and overtly prepared to claim the

property as homestead after abandoning his previous homestead are

clearly erroneous or contrary to Texas law.      The judgment is

AFFIRMED for essentially the reasons stated by the bankruptcy

court.




                                2
