Dickinson v. Dickinson
Texas Court of Appeals
324 S.W. 3d 653 (2010)
- Written by Meredith Hamilton Alley, JD
Facts
Larry Dickinson (plaintiff) filed for divorce and then filed a Chapter 13 bankruptcy petition. The bankruptcy court modified the automatic stay to allow adjudication of property use and instructed the trial court to make recommendations to the bankruptcy court concerning the division of property. In November 2004, the trial court signed the divorce decree. One paragraph of the decree stated that it contained a division of property as “a recommendation to the bankruptcy court.” Another paragraph qualified the property division as a “recommendation.” Dickinson appealed, arguing that the trial court did not have the jurisdiction to divide the property because the bankruptcy court’s order only allowed the trial court to make recommendations regarding the property division.
Rule of Law
Issue
Holding and Reasoning (Livingston, C.J.)
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