York v. State
Texas Supreme Court
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
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
- William J. Crosby v. Monroe CountyCourt of Appeals for the Eleventh Circuit · 2004
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3Cited by39 opinions
- Charles Saden v. Brian Smith, Texas Court of Appeals, 1st District (Houston)2013
- Adeleye v. Driscal (In re Adeleye)Court of Appeals of Texas · 2018
- Thuesen v. Amerisure Insurance Co.Court of Appeals of Texas · 2016
- 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
- Cianci v. ChaputSupreme Court of The Virgin Islands · 2016
34 more not listed; retrieve them via the Exa API.