Legal Opinion

York v. State

Texas Supreme Court

Decided June 29, 2012No. 09-0905PublishedCited by 39 opinions

1Opinion of the CourtJustice Hecht

Petitioner sued for a declaration that a final judgment awarding his property to *34the State was rendered in violation of the Bankruptcy Code’s automatic stay1 and therefore void. Petitioner also sued for damages for the lost use of his property as a constitutionally compensable taking. We hold that a judgment that violates the automatic stay is void and subject to collateral attack in state court, but that a judicial award of property to the State is not, in these circumstances, a taking. We reverse the judgment of the court of appeals2 and remand the case to the trial court.

I

In October 2006,…

2Cases cited27 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  3. In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  4. Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
  5. William J. Crosby v. Monroe CountyCourt of Appeals for the Eleventh Circuit · 2004

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3Cited by39 opinions

  1. Charles Saden v. Brian Smith, Texas Court of Appeals, 1st District (Houston)2013
  2. Adeleye v. Driscal (In re Adeleye)Court of Appeals of Texas · 2018
  3. Thuesen v. Amerisure Insurance Co.Court of Appeals of Texas · 2016
  4. Alice M. Wood and Daniel L. Wood v. HSBC Bank USA, N, A. and Ocwen Loan Servicing, L.L.C, Texas Court of Appeals, 14th District (Houston)2014
  5. Cianci v. ChaputSupreme Court of The Virgin Islands · 2016

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