Blog
Uncles and Aunts Possessory Rights
In re J.O. was a San Antonio case where in August 2006 the maternal aunt and uncle who had cared…
Relinquishment of Parental Rights and Paternity
Husband and wife were married in June of 1998 in Stamper v. Knox.In October 1998 the wife had a brief…
In Custody and Indicted for Miranda Rights Purposes
A defendant is in custody for 38.22 purposes where he has been arrested and indicted--even if he voluntarily accompanies law…
Surrendering a Car in Chapter 13
Tidewater v. Kenney was a matter of first impression for the Fourth Circuit, the court joined the Seventh, Eighth and…
Debtor’s right to dismiss the case
A recent Northern District of Texas case was heard where the bankruptcy court was asked to determine the ability of…
Appealing Grandparent’s Possession/Visitation
In the Interest of B.N.S. was a case out of Dallas where the father appealed from an order granting possession…
Crimes of Moral Turpitude
There is no universal list of which crimes constitute crimes of "moral turpitude" and which do not. Courts have decided…
Adversary Proceedings on Mortgage Liens
Prior to confirmation, the Chapter 13 debtor in SLW Capital v. Mansaray-Ruffin filed a proof of claim on behalf of…
Recent Texas Parentage Action
A 2008 case was heard by the Dallas Court of Appeals where the attorney general filed suit to establish child…
Self Representation
Bad idea. When a defendant affirmatively asserts his right to self-representation under a California case, a written waiver of the…
Custodial Interrogations
Texas Code of Criminal Procedure 38.22 only applies to statements that are taken while the defendant is subject to custodial…
Taking care of elderly parents in bankruptcy
In a 2009 case, the Chapter 13 Trustee objected to plan confirmation and challenged a $613 expense for a mortgage…
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