Opinion
NUMBERS 13-17-00053-CV
10-18-2017
IN THE INTEREST OF L.D.C., A CHILD
On appeal from the County Court at Law No. 7 of Hidalgo County, Texas.
ORDER
Before Justices Contreras, Benavides, and Longoria
Order Per Curiam
On April 25, 2017, this Court issued an Order of Abatement due to appellant Juan Cervantes's declaration that he filed for bankruptcy protection in cause number 11-70658 in the United States Bankruptcy Court, Southern District of Texas, McAllen Division. Upon the filing of a bankruptcy petition, an automatic stay becomes effective which prohibits the commencement or continuation of any judicial action or proceeding against the debtor and any property within the debtor's bankruptcy estate. See 11 U.S.C.A. § 362(a).
Appellant filed a motion for a writ of prohibition and motion for temporary relief requesting this Court to stay the Title IV-D proceeding out of Master Court #1, Hidalgo County, Texas against him. The Attorney General of Texas responded to appellant's motions asking us to deny appellant's motions, withdraw the order of abatement, and notified this Court of the status of the bankruptcy proceedings involving appellant. See TEX. R. APP. P. 8.3(a).
We hereby take judicial notice of the bankruptcy proceedings in cause number 11-70658 in the United States Bankruptcy Court, Southern District of Texas, McAllen Division.
On December 20, 2012, the United States Bankruptcy Court, Southern District of Texas, discharged Cervantes from bankruptcy in cause number 11-70658. On January 23, 2013, the United States Bankruptcy Court, Southern District of Texas issued an Order Modifying Automatic Stay to Allow Prosecution of Domestic Support and/or Spousal Support Proceeding in cause number 11-70658. The order stated:
The automatic stay is modified as follows:
1. The Texas Attorney General, debtor, and debtor's domestic support and/or spousal support oblige may prosecute their enforcement proceeding, including but not limited to the following: a) initiating or proceeding with all enforcement remedies in state court by contempt, b) obtaining judgment for pre and post petition arrears; including accrued interest, c) obtaining wage withholding orders for current and past due support, d) obtaining attorney fees and costs, and e) any other judicial and/or administrative remedies available pursuant to state or federal law.
2. Order respecting the enforcement of domestic support and/or spousal support may be issued by the state court and may be enforced in all respects as if the bankruptcy proceeding had not been filed.
The Court, having examined and fully considered both appellant's motions and the Attorney General's response, is of the opinion that appellant's motions should be DENIED and the cause is REINSTATED.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 18th day of October, 2017.