Martin v. Martin

J2FITZSIMMONS, Judge.

The petitioner filed a petition for declaratory judgment against the defendant/appellant on March 1, 1995 in the 22nd Judicial District Court. Thereafter, on June 9, 1995, the defendant filed a Notice of Application to Remove to United States Bankruptcy Court.1 The U.S. Bankruptcy Court issued an Order of Voluntary Abstention on July 17, 1995. The matter was remanded to the 22nd Judicial District Court, where the record was officially logged in on July 20,1995. There is no recordation of defendant’s receipt of notice of the Bankruptcy Court’s abstention.

In the factual…