Lynn Sheen v. Nicholas Sheen ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00358-CV
Lynn Sheen, Appellant
v.
Nicholas Sheen, Appellee
FROM THE 419TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-FM-16-002867, THE HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING
ORDER
PER CURIAM
The panel denied Appellant’s motion for rehearing in this case on
September 18, 2019, and the Court denied her motion for en banc reconsideration on
November 5, 2019. However, on December 2, 2019, Appellant informed this Court that she filed
a bankruptcy petition on November 4, 2019. The filing of a bankruptcy petition operates as a
stay of any judicial proceeding against the debtor. See 11 U.S.C. § 362(a). “[A]ction taken in
violation of the automatic stay is void,” York v. State, 373 S.W.3d 32, 38 (Tex. 2012) (quoting
Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex. 1988)), regardless
of whether “the court in which the stayed action is filed learns of the bankruptcy prior to taking
action against the debtor,” Adeleye v. Driscal, 488 S.W.3d 498, 499 (Tex. App.—Houston [14th
Dist.] 2016, no pet.). This Court’s November 5, 2019 ruling on Appellant’s motion for en banc
reconsideration is therefore void. Now that the bankruptcy court has lifted the stay, we deny her
motion for en banc reconsideration.
It is so ordered on March 10, 2020.
Before Chief Justice Rose and Justices Goodwin, Baker, Kelly, and Smith
Justice Triana not participating
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