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Dickinson v. Dickinson

The Fort Worth Court of Appeals first addressed appellant's third issue, in which he contends that the trial court did not have jurisdiction to effect a property division because the Bankruptcy Court's order lifting the stay allowed the trial court only to make recommendations to the Bankruptcy Court. Because the order lifting the stay specifically stated that the trial court was to make recommendations regarding the property division, the trial court's property division in the decree did not violate the stay; therefore, it is not void. Fort Worth Court of Appeals, No. 2-05-070-CV, 09-03-2010

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OPINION

Appellant Larry Dickinson appeals from the property division in a final divorce decree. In three issues, appellant contends that the trial court erred by (1) divesting him of his separate property remainder interest in California real property, (2) awarding appellee Mary Dickinson out-of-state real property over which the trial court had no jurisdiction, and (3) issuing a final decree that goes beyond the trial court’s limited authority, granted by the United States Bankruptcy Court, to make a property division during the pendency of appellant’s Chapter 13 bankruptcy. We affirm in part and reverse and remand in part.

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