Legal Opinion
Howard v. Howard
Texas Court of Appeals, 4th District (San Antonio)
Decided April 25, 1984No. 04-83-00579-CVPublishedCited by 16 opinions
1Opinion of the Court
ON APPELLEE’S MOTION TO DISMISS
2Per curiam
In this motion to dismiss, we must decide whether the automatic stay imposed in bankruptcy proceedings by 11 U.S.C.A. § 362 (West 1979) suspends the running of the TEX.R.CIV.P. 329b time limits within which a motion for new trial must be filed. We hold that it does.
The underlying suit is a divorce action in which an agreed decree of divorce was signed April 16, 1982. The decree incorporated an agreed property division in which Dr. Howard agreed to pay Sheila, his then wife, alimony of $2,000.00 per month for sixty months and also to pay Sheila and Sam Bashara,…
3Cases cited4 opinions
- United States v. Critical Fork Coal Corp. (In Re Critical Fork Coal Corp.)United States Bankruptcy Court, W.D. Virginia · 1982
- Bailey v. ShawCourt of Appeals of Texas · 1930
- Community Investers IX, Ltd. v. Phillips Plastering Co.Court of Appeals of Texas · 1980
- Hasty v. A & B Construction Co.Court of Appeals of Texas · 1981
4Cited by16 opinions
- Brashear v. Victoria Gardens of McKinney, L.L.C., Texas Court of Appeals, 5th District (Dallas)2009
- Hood v. Amarillo National BankTexas Supreme Court · 1991
- In the Interest of M.C.M.Court of Appeals of Texas · 2001
- Raley v. Lile, Texas Court of Appeals, 10th District (Waco)1993
- Peterson v. Texas Commerce Bank-Austin, National Ass'nCourt of Appeals of Texas · 1992
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