Tidwell v. Thomas (In Re Tidwell)

MEMORANDUM OPINION

JOHN FLOWERS, Bankruptcy Judge.

Roy Lee Tidwell and wife, Mary Jane, chapter 13 debtors, have removed this cause of action from the 18th District Court of Johnson County, Texas. The debtors were the plaintiffs in the state court action brought against Robert Lee Thomas and other defendants to declare certain liens invalid on property alleged to be the Tid-well’s homestead and to enjoin its foreclosure. Defendants have moved for remand on two grounds: (1) no jurisdiction exists to authorize removal because the state court had rendered judgment and, alternately, (2) the action…