In a week we go back to Texas Family Court to try to convince another Texas judge to defy the federal bankruptcy judge and go ahead and give me a divorce based on Texas law instead a divorce based on the questions that the bankruptcy judge posed in his orders directed to the family court in Texas.
The most amusing thing is convincing these so called “conservative” judges that it is UNCONSTITUTIONAL for a Texas judge to just answer a question about Texas law.
Just answering a question about the law is called giving an advisory opinion.
But I have actually gone through two previous judges that would rather recuse themselves than actually rule that they have been asked to do something UNCONSTITUTIONAL.
The bankruptcy judge wants the Texas judge to “determine” if rental income is community property or separate property under Texas law.
Any 1st year law student knows that Texas is a community property state where ALL income is community property.
BUT…for FOUR loong years we have been trying to convince a federal bankruptcy judge that the Texas statues that actually say ALL INCOME from whatever source is community property.
We have given the federal judge statutes and case law that say ALL INCOME IS COMMUNITY PROPERTY.
So please pray for me….I have been assigned to the one Texas Family Judge that has publicly said that the Constitution really doesn’t come into play in Texas family law.
So for those who think I am being selfish, I am not. I actually believe that if the court system will do this to me..it can and will…..and probably has….done this to others.
Why is the bankruptcy court interfering in my divorce….?????
Attorney’s fees for the federal bankruptcy trustee. The bankruptcy trustee tried to cut a deal with my estranged husband, but my legal team successfully beat the deal twice in bankruptcy court.
During our marriage my husband used our money to buy a shopping center, but he put it under the name of a corporation. The corporation forfeited its right to do business in Texas soon after the shopping center was purchased.
Since my husband and I are fighting over ownership of the shopping center in the divorce, the federal bankruptcy trustee cut a deal with my estranged husband to take $50k in legal fees for herself and her lawyers and another $150k to payoff my student loans that I took out before I was married.
The problem is….you can’t legally make a husband pay for debts that his wife had before marriage. Since the bankruptcy trustee is a chapter 7, she can’t get paid for paying off secured debys like a mortgage or a car loan. The only way this particular bankruptcy trustee can get paid is from paying off unsecured debts like credit cards. The problem in my case is….there is very little debt…less than $20k for past due income taxes and property taxes…if the bankruptcy trustee can’t pay off the student loans.
So if bankruptcy trustee just pays the $20k….she gets 15% of that money.
But, because my estranged husband had promised her $50k for doing nothing but blocking my efforts to get half of the shopping center, she has gotten greedy…she now wants over $100k in legal fees for the time she’s spent loosing at get her deal with my estranged husband approved by the bankruptcy court.
Since the bankruptcy court cannot legally force my estranged husband to pay my student loans from before I was married, the bankruptcy judge has set his eyes on the Texas divorce court.
The bankruptcy court has ordered the Texas court to not only answer the legal question about rental income, but the bankruptcy court has asked the Texas court to answer the question of how the Texas court would divide the shopping center if the Texas court could divide it.
Now bear in mind, there are other assets …like bank accounts, cars, equipment, and furniture that all are supposed to be considered by the Texas court. But the Texas judge is not allowed to do anything other than follow the bankruptcy court order to determine what the Texas court would have done with the shopping center if I had not filed for bankruptcy. …so that the bankruptcy court can give that amount to his bankruptcy trustee for her legal fees that she spent loosing to my side in his bankruptcy court.
Now, if the trustee gets her way with this Texas judge…after the Texas judge determines that the rental income received by my estranged husband every month for the past 48 months is community property and half the value of the shopping center is mine…the trustee will walk away with over $500k….and the children and I will get nothing but child support. The shopping center is worth about $700k and brings in at least $6000 per month.
That’s the story and …. why my divorce has drug on for over four years.