Evans v. Unit 82 Joint Venture

Recently in York v. State, we reiterated that “ ‘[a]n action taken in violation of the automatic [in bankruptcy] stay is void, not merely voidable.’ ” 373 S.W.3d 32, 38 (Tex.2012) (quoting Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex.1988) (per curiam)). In this case, the court of appeals, sua sponte, dismissed the entire proceeding as violating the automatic stay. 349 S.W.3d 42 (Tex.App.-El Paso 2010). Because the record does not support the court’s decision, we reverse its judgment and remand the case to the trial court for further proceedings.

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