Gene DeVoll v. Rebecca Demonbreun and William Dowds

CourtCourt of Appeals of Texas
DecidedJanuary 20, 2015
Docket04-14-00331-CV
StatusPublished

This text of Gene DeVoll v. Rebecca Demonbreun and William Dowds (Gene DeVoll v. Rebecca Demonbreun and William Dowds) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gene DeVoll v. Rebecca Demonbreun and William Dowds, (Tex. Ct. App. 2015).

Opinion

Fourth Court of Appeals San Antonio, Texas January 16, 2015

No. 04-14-00331-CV

Gene DEVOLL, Appellant

v.

Rebecca DEMONBREUN and William Dowds, Appellees

From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-05169 Honorable Antonia Arteaga, Judge Presiding

ORDER On January 9, 2015, Norris DeVoll filed a suggestion of bankruptcy in appeal number 04- 14-00854-CV. Norris DeVoll stated he filed a petition for bankruptcy in the United States Bankruptcy Court for the Western District of Texas under Case No. 15-50122 G. See TEX. R. APP. P. 8.1. Although Norris DeVoll is neither an appellant nor appellee in this appeal, his community property interest in Paulette DeVoll’s partnership interest—which is the subject of this appeal—may be property of the bankruptcy estate. See 11 U.S.C. § 541 (2006) (“Property of the estate”). Accordingly, this appeal and all time periods under the Texas Rules of Appellate Procedure are stayed from the date the bankruptcy petition was filed in the bankruptcy court. See id. § 362 (“Automatic stay”); TEX. R. APP. P. 8.2. This appeal is ABATED. For administrative purposes, the appeal will be treated as a closed case unless and until it is reinstated in accordance with Rule 8.3 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 8.3.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of January, 2015.

___________________________________ Keith E. Hottle Clerk of Court MINUTES

Court of Appeals Fourth Court of Appeals District San Antonio, Texas

January 16, 2015

From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-05169 Honorable Antonia Arteaga, Judge Presiding

ORDER On January 9, 2015, Norris DeVoll filed a suggestion of bankruptcy in appeal number 04- 14-00854-CV. Norris DeVoll stated he filed a petition for bankruptcy in the United States Bankruptcy Court for the Western District of Texas under Case No. 15-50122 G. See TEX. R. APP. P. 8.1. Although Norris DeVoll is neither an appellant nor appellee in this appeal, his community property interest in Paulette DeVoll’s partnership interest—which is the subject of this appeal—may be property of the bankruptcy estate. See 11 U.S.C. § 541 (2006) (“Property of the estate”). Accordingly, this appeal and all time periods under the Texas Rules of Appellate Procedure are stayed from the date the bankruptcy petition was filed in the bankruptcy court. See id. § 362 (“Automatic stay”); TEX. R. APP. P. 8.2. This appeal is ABATED. For administrative purposes, the appeal will be treated as a closed case unless and until it is reinstated in accordance with Rule 8.3 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 8.3.

/s/ Patricia O. Alvarez Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of January, 2015.

/s/ Keith E. Hottle Keith E. Hottle Clerk of Court

ENTERED THIS 16TH DAY OF JANUARY, 2015. VOL___PAGE___

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Related

Property of the estate
11 U.S.C. § 541

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Bluebook (online)
Gene DeVoll v. Rebecca Demonbreun and William Dowds, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gene-devoll-v-rebecca-demonbreun-and-william-dowds-texapp-2015.