Month: August 2010

Contempt

A 2007 case out of Fort Worth had the following set of circumstances:  Under a 2002 New York family court order, the mother was given custody of her child and her mother was given four annual periods of visitation.  These periods were specifically detailed with 3 to...

Delivery of Meth

In State v. Powell, during Appellee's trial for possession with intent to deliver meth, the court suppressed the drugs because the seizure of two safes, one of which contained the drugs, violated his Fourth Amendment rights because these safes were not "particularly...

Texas Exemptions

In a West Texas case named In re Wilkinson the debtors claimed as exempt six guns under Section 42.002(a)(8) (sporting guns), and 17 antique guns and one "dummy gun" under Section 42.002(a)(1) (household furnishings).  The trustee objected, asserting that the debtors...

Wrongful Foreclosure

The Northern District of Texas heard the Cunningham case in 2008 concerning a Chapter 7 debtor who filed a complaint alleging that her home was wrongfully foreclosed and sold, and seeking that the court set aside the foreclosure sale and subsequent sale of her home...

Enforcement and Contempt

In re Parks is a case out of Houston where the father filed a motion for enforcement alleging that the mother had violated the underlying decree regarding the father's periods of possession with the child on 12 separate occasions.  The trial court held mother in...

Disproving Paternity

When the child was 16 years old in a Houston case, the Attorney General brought suit to disprove paternity of the child's presumed father based on non-access and to establish paternity of the alleged father.  The alleged father challenged jurisdiction and filed a...

Shoplifting

Putting something small in your pocket and not paying for it can be a very costly mistake.  It does not seem like the end of the world, but theft is considered a crime of moral turpitude.  People just do not like those who steal from them, and so there are some...

Exempt property

In a case out of the Southern District of Texas styled In re White the Chapter 13 debtor objected to the claim of the debtor's former spouse, asserting that the secured claim she asserted as to the debtor's homestead was invalid.The divorce decree awarded the debtor a...