r !
r. ■:■■ ■ ■■;; ■■. :;
In the Fourth Court Of Appeals ;„■ • .vt ;.;> , _, ,i .
Fourth Court Of Appeals District 2015 HAY "^ PH 2' U
San Antonio Texas Bexar County / ^, , i' , ,
Maryann Castro
v.
Manuel Castro
Re: Court Of Appeals Number: 04-14-00785-CV
Trial Court Case 2011 -CI-15957
MOTION FOR RELIEF ON THE AGREEMENT FOR FINAL DIVORCE SIGNED ON OCT 30 ,2013 BY JUDGE
CANALES
Here Comes Maryann Castro Appellant Pro-5e in Appeals Court filing a Motion Of Relief date
5/4/2015.
Appellant Maryann Castro has submitted to the Appeals Court Evidence of Fraud Committed By
Appellee Manuel Castro and The non-Spouse Mistress Christina Pacheco.
A)Comparative Market Analysis prepared for Manuel Castro by Archie Marmolejo All season realty a
friend of The Non spouse Mistress Christina Pacheco showing martial home 1501 Olive a realtors
opinion 351,375 this is a broker opinion or Comparative Market Analysis and should not be considered
an appraisal this was done to harm and hurt Appellant Maryann Castro overvalue the Community
with a realtors opinion.
BjReporters record volume 1 of 1 volume trial court cause no.2011-ct-15957 Sept 29,2014 showing
Dinorah Diaz and Counsel Joseph Appelt both knew Appellee Manuel Castro the stay in bankruptcy
was not lifted on Oct 30,2013 and that was to cause harm against Appellant Maryann Castro and
Counsel Dinorah Diaz testifying for Appellee Manuel Castro and Non spouse Mistress Christina
Pacheco involvement in the Agreement for Final Divorce signed Oct 30,2013 this was done to hurt and
harm Appellant Maryann Castro.
C)Certified Appraisal of 1501 Olive st showing value of 225,000 actual value not a realtors opinion this
is justice that was not allowed to be told in Court by Counsel Joseph Appelt he continued filing motion
to sell the martial home by overvaluing the Community to hurt and harm Appellant Maryann Castro.
D)Active Bankruptcy Of Manuel Castro Motion of stay lift was not filed on Oct 30,2013 Both Counsel
Appelt and Diaz lied under oath on Sept 29,2014 saying that Judge Canales knew of Bankruptcy and
Lift stay was filed on Oct 30,2013 it was never filed. It was filed by Appellant Maryann Castro on July
16,2014 she had to hire Malaise Law firm in order to proceed in divorce with Appellee Manuel Castro
with intent to harm and hurt Appellant Maryann Castro with fraud in the Agreement for Final Divorce
Signed Oct 30,2013.
EJHiding a martial Asset Appellee Manuel Castro and Counsel Joseph Appelt hid a 99 Subaru and
Keogh Plan Pension and filed a motion for final divorce decree with intent to hurt and harm Appellant
Maryann Castro knowing Appellant Maryann Castro was challenging the Agreement for fraud
F)Notice of default and intent to Accelerate BSI Financial Appellee Manuel Castro was not paying the
home mortgage and in the agreement for final divorce it states he is to pay his bankruptcy which was
the home mortgage and he defaulted and attempted to collect 40,000 knowing he was in active
bankruptcy and was not paying the home mortgage and did not tell the court on Oct 30,2013 with the
intent to hurt and harm Appellant Maryann Castro.
GjAppellee Manuel Castro Active Bankruptcy chapter 13 dated 9/5/14 and in this hearing the motion
for relief from stay and against co-debtor 1501 Olive street Appellee Manuel Castro was not
Communicating with Appellant Maryann Castro about the interest of losing the martial home to
bankruptcy and non-payment of mortgage this document was given to Appellant Maryann Castro by
Counsel Sarah Lishman Appellant Maryann Castro was not given her right to protect her homestead
and her interest Appellee Manuel Castro was trying to proceed fraud in collecting 40,000 by having
counsel Appelt enforce sell of martial home that was awarded to Appellant Maryann Castro.
Appellee Manuel Castro And Counsel Joseph Appelt hid from the Court and Appellant Maryann Castro
the active bankruptcy on Oct 30,2013.
Appellee Manuel Castro And Counsel Joseph Appelt hid from the Court and Appellant Maryann Castro
Appellee Manuel Castro was not paying the home mortgage on the martial home they shared but
expected to collect 40,000 on fraud equity using a Comparative Market Analysis-Realtors opinion
overvalued the Martial Home.
Appellee Manuel Castro and Counsel Joseph Appelt hid a martial asset the following a 99 Subaru and
Keogh Plan Pension.
Appellee Manuel Castro and Counsel Joseph Appelt Appellee Brief was due April 29,2015 and had not
been filed in a timely manner which is not fair to Appellant Maryann Castro who has submitted
Appellants brief in a timely manner with references that show proof of fraud, martial misconduct
committed by Appellee Manuel Castro.
Appellant Maryann Castro is praying the Court grants her the relief she is entitled to and award her
the following.
Appellant is praying the Appeals Court awards her the 11,000 in Johnson Control retirement to be
paid to BSI Financial.
Appellant Maryann Castro is praying the Court awards her spousal maintence in the Amount of 1300
monthly for 10 years Appellee Manuel Castro makes 22 Dollars hourly and makes 70,000 yearly
Appellant Maryann Castro is disabled and her income is 864 monthly.
Appellee Manuel Castro and Appellant Maryann Castro were married for a time in the amount of 28
years. Appellant Maryann Castro is disabled and became disabled within the marriage began July 21,
1984 and Appellant Maryann Castro became disabled in 2001.
Appellant Maryann Castro prays for the Court to award her the 99 Subaru.
Appellant Maryann Castro prays for the Court to award her Appellant Maryann Castro share of the
Keogh Plan Pension that was hidden from her.
Appellant Maryann Castro prays for the Court to award her 20,000 in Attorney fees to be paid by the
non-spouse mistress Christina Pacheco who is part of the lawsuit and Appellee Manuel Castro for the
fees that were charged to Appellant Maryann Castro that was caused by Appellee Manuel Castro and
Non Spouse Mistress Christina Pacheco for Committing fraud with the intent to hurt and harm
Appellant Maryann Castro. ( Cl/fcl ■*■'<£> ) C *'v^l COSp*^ )
Appellant Maryann Castro prays for the Court to grant her the relief in the Agreement for final Divorce
signed Oct 30,013 there is no equity in the Amount of 40,000 a realtors opinion was used to overvalue
the martial home and Appellant Maryann Castro prays for the Court to void the Agreement for final
Divorce not to sale her homestead the martial home that was awarded to her on Oct 30,2013.
Appellant Maryann Castro prays for the Court to grant her relief and Justice on the Agreement for
inal Divorce signed Oct 30,2013.
Maryann Castro Pro se Appellant
1501 Olive
Jourdanton Texas 78026
8304960133
Pacattitude2014@ GMA1L.COM
A
Comparative Market Analysis
Property At:
Prepared For:
Manuel Castro
1501 Olive
Jourdanton, TX 78026
Prepared By:
Archie Marmolejo
All Season Realty
Office Phone: (830) 281-S263
Direct Line: (210) 34-7-7330
Personal F3X Number. (210) 569-6211
Email: marmolejoarchie@aoi.com
THIS IS A BROKER PRICE OPINION OR COMPARATIVE MARKET ANALYSIS AND SHOULD NOT BE CONSIDERED AN APPRAISAL. In
making any decision that relies upon my work, you should know that I have not followed the guidelines for development of an appraisal
or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.
Prepared By: Archie Marmolejo Ail Season Realty
Seller's Statement
Property At:
Prepared For: Manuel Castro
1501 Olive
Jourdanton, TX 78026
Suggested Marketing Price: $351,375
B
1 REPORTER'S RECORD
VOLUME 1 OF 1 VOLUME
2 TRIAL COURT CAUSE NO. 201l-CI-15957
3 IN THE MATTER OF ) IN THE DISTRICT COURT
THE MARRIAGE OF )
4 )
MANUEL G. CASTRO )
5 ) BEXAR COUNTY, TEXAS
AND )
6 )
MARY ANN CASTRO ) 45TH JUDICIAL DISTRICT
7
Q
0
9
10 HEARING ON MOTION TO DECLARE AGREEMENT FOR FINAL DIVORCE
VOID
11
12
13
14 On the 29th day of September, 2014, the following
15 proceedings came on to be heard in the above-entitled
16 and numbered cause before the Honorable Laura Salinas,
17 Judge Presiding, held in San Antonio, Bexar County,
18 Texas.
19 Proceedings reported by computerized stenotype
20 machine.
21
22
23
24
25
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 APPEARANCES
JOSEPH P. APPELT
SEOT NO. 00789809
Joseph P. Appelu, P.C
5825 Caliaghan Road, Suite
San Antonio, Texas 78228
Telephone: (210)375-1212
Attorney for Petitioner
6 SARAH ANNE LISHMAN
SBOT NO. 24086267
JAMIE L. GRAHAM
SBOT NO. 24027335
310 S. St. Mary's Street, Suite 845
San Antonio, Texas 78205
Telephone: (210)308-6448
Attorney for Respondent
10
11 TINA PACHECO, Pro Se Respondent
12
13
14
15
16
17
18
19
20
21
22
23
24
25
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 INDEX
2 Statements of Counsel
3 WITNESS DIRECT CROSS
4 MARIA DINORAH DIAZ 9 16
5 Court's Ruling
6 Court Reporter's Certificate 34
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 (September 29, 2014, 9:12 a.m.)
2 THE COURT: Cause Number 2011-C1-15957.
3 Can I have everyone identify themselves for the record,
4 please?
5 MS. LISHMAN: Sarah Anne Lishman for Mary
6 Ann Castro. She's the movant in this case.
7 THE COURT: Okay.
8 MR. APPELT: Joseph Appelt representing
9 Manuel Castro, the respondent to their motion, the
10 petitioner in the original cause. Also present is
11 Manuel Castro and, technically, pro se is Christina —
12 your last name.
13 RESPONDENT PACHECO: Pacheco.
14 MR. APPELT: Pacheco. Who had been
15 interpled as a third party defendant during the divorce.
16 But I'm ready for Manuel Castro.
17 THE COURT: Okay. And, so, Ms. Lishman,
18 this is your motion, correct.?
5 MS. LISHMAN: Yes, Your Honor. This
20 actually is the fourth time that we've brought this
21 matter to court. It's a motion to declare agreement for
22 final divorce void.
23 Basically, the parties entered in~o an
24 agreement for final divorce about a year ago, on
25 October 30th, 2013, and we believe that that agreement
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 is void as a matter of law because at that time there
2 was a bankruptcy pending. Mr. Castro was the debtor in
3 bankruptcy, and there was no lifting of the automatic
4 stay for the purpose of dividing the property that was
5 subject to the bankruptcy court jurisdiction at that
6 time, as is required by law.
7 The last time that we were here we spoke
8 in chambers. Sc just to get on record a timeline of
9 events, basically, this divorce was filed in 2011.
10 Thereafter, Mr. Castro filed for bankruptcy. Temporary
11 orders were entered in this matter, I think in 2012 —
12 maybe 2011 or 2012. But under the terms of those
13 temporary orders, Mr. Castro was required to make
14 mortgage payments on the marital residence, which he
15 failed to do so. And since that time no mortgage
16 payment has been made for the residence that Mrs. Castro
17 is residing in and still currently residing in.
IS This agreement was entered — was — it's
19 a handwritten agreement, October 30th, 2013, and the
20 issue is that there was no lifting of the automatic
21 stay, so we believe it's void as a matter of law.
22 The other issue is that this agreement was
23 signed by or purports to be signed by all the parties
24 and Judge Canales, but there's no recitation that this
25 was actually a rendition of final judgment, and there
GLYN E. POAGE, CSR, RDR, CRR
166TK DISTRICT COURT BEXAR COUNTY, TEXAS
1 was no record made. There's no judge's notes from that
2 day and this agreement was never filed.
3 So there's no evidence that this agreement
4 was ever a rendition of final judgment. And, so, we
5 believe because it was not rendered, there's no
6 ministerial duty binding on the Court to enter a final
7 order on uhe terms of this agreement.
8 THE COURT: Okay. And I have the cases.
9 MS. LISHMAN: Door versus State was the
10 case on point, and then I also handed you, last time,
11 another case citing, York versus State, for the same
12 proposition, that an agreement or an order entered in
13 violation of the stay is void as a matter of law. York
14 versus State is a Texas Supreme Cour~ case.
15 And if — and also for the issue of
16 rendition, I brought another case — it's Gamboa v.
17 Gamboa — saying that rendition of an order is an oral
18 pronouncement in open court or it has to be in a written
19 and filed memorandum. And at this time we believe
20 there's no evidence that ihere is a written and filed
21 memorandum, and no evidence that there was an oral
22 pronouncement.
23 THE COURT: Okay. Well, let me, I guess,
24 hear from Ms. Diaz first. But I did look into all these
25 issues. So if you want to go ahead and call her as a
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 witness.
2 MR. APPELT: Yeah. I call Dinorah Diaz.
3 She should be sitting right outside.
4 MS. LISHMAN: And, Your Honor, 1 just
5 wanted to express to the Court, I think I mentioned this
6 last week, but just so it's on the record, I am
7 objecting to her testimony. I think it's a conflict of
8 interest because at the time she was representing Mrs.
9 Castro. I feel that if she's being called as a fact
10 witness now she has a clear conflict of interest, and I
11 also believe that her testimony is easily covered by the
12 attorney/client privilege.
13 And I'm also objecting to her testimony on
14 the basis of hearsay, because anything that she would
15 have to testify that would prove that there was an oral
16 pronouncement on this is hearsay. It's an out-of-court
17 statement made for the truth of the matter, and, so, all
IS of it would be hearsay, Your Honor.
19 THE COURT: Okay. You can bring her in.
20 MR. APPELT: And I've got Judge Canales on
21 subpoena, too, Judge, but —
22 (Pause)
23 MS. LISHMAN: Your Honor, while we're
24 waiting for her, I'm not sure — in a prior hearing on
25 this matter I invoked the Rule, so if there's any other
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 witnesses I'd like to invoke the Rule.
2 THE COURT: Anybody else that's going to
3 testify?
4 MR. APPELT: The only one might be Manuel
5 Castro, but that's going to be it. Judge.
6 THE COURT: All right. Raise your right
7 hand, please.
8 (Witness sworn)
9 THE COURT: State your name for the
10 record, please.
11 THE WITNESS: Maria Dinorah Diaz.
12 D-I-A-Z.
13 THE COURT: And, Ms. Diaz, I understand
14 you represented Ms. Castro previously in this matter?
15 THE WITNESS: Yes, Your Honor.
16 THE COURT: Okay. So 1 don't want you
17 discussing anything that is attorney/client related.
IS It's a very narrow scope and it's going to be strictly
19 with regards to the appearance in court — the
20 appearance in presiding court October 30th, 2013 in
21 front of Judge David Canales, and that's it.
22 THE WITNESS: Yes, Your Honor.
23 THE COURT: All right. You may proceed.
24 MR. APPELT: May I approach the court
25 reporter to gen an exhibit —
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 THE COURT: Yes.
2 MR. APPELT: — marked, Judge? Actually,
before I do that, Judge, let me ask a couple of
questions.
5 MARIA DINORAH DIAZ,
being first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. APPELT:
9 Q. Ms. Diaz —
10 A. Yes, sir.
11 0. — you are here because I subpoenaed you; is
12 that correct?
13 A. Yes, sir.
Q. You did not volunteer to come here. You are —
but for my subpoena, you would not be here; is that
16 correct?
17 A. Correct.
18 Q. A fair statement?
And for the benefit of — 1 guess I know
20 the Court knows and the attorneys know, but what is the
21 effect if a witness disobeys a subpoena? What can
22 happen to that witness?
23 A- Well, they can get found in contempt. They can
24 be arrested and held in the Bexar County Jail overnight
25 to ensure that they appear in court.
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1U
1 Q. And in my questioning I don't want to go
2 anywhere near any type of attorney/client discussions at
3 all. It's just going to be about procedural aspects of
4 what you recall occurred on or about October 30th of
5 2013.
6 MR. APPELT: And with that, may I approach
7 the witness, Your Honor?
8 THE COURT: You may.
9 Q. (BY MR. APPELT) Ms. Diaz, I'm going to hand you
10 what's been previously marked Petitioner's Exhibit
11 Number 1. I believe it consists of four pages. And
12 flip through there, please, if you would, and when
13 you're done I have some questions for you about it.
14 A. (Witness complying) Yes.
15 Q. Do you recognize Petitioner's Exhibit Number 1?
16 A. Yes.
17 Q. And what do you recognize that to be?
18 A. An agreement for a final divorce regarding
19 Manuel Castro and Mary Ann Castro.
20 Q. And at the time that this agreement was
21 entered, were you Mary Ann Castro's attorney of record?
22 A. Yes, sir.
23 Q. Did you participate that day, on or about
24 October 30th, in the negotiations between the parties
25 which resulted in this handwritten agreement?
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
Zl
1 at all in this final agreement.
2 THE COURT: All I'm deciding is whether
3 this agreement — I'm not going to deal with the
4 substance of the agreement, merely whether this was a
final divorce or not. That's the issue before me.
6 Q. (BY MS. LISHMAN) Ms. Diaz, does this agreement
7 for final divorce dispose of all of the issues that were
8 pending in this divorce, to your recollection?
9 A.I believe so.
10 Q. Is it generally a common practice for attorneys
11 to address issues pending from temporary orders in a
12 final order?
13 A. I guess it depends on the case.
14 Q. So, hypothetically speaking, if there was about
15 520,000 owed under temporary orders, is that an issue
16 that an attorney would put in the final order?
17 A. It depends.
18 Q. What does it depend on?
19 A. It depends on what the parries want, what they
20 agreed to and what's discussed, and whether or not it's
21 relevant and whether or not — and I don't really want
22 to get into the attorney/client: discussions with Ms.
23 Castro, but it would depend on those things, too.
24 Q. At the time — October 30th, 2013, at the time
25 you wrote this agreement for final divorce, were you
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 aware that Mr. Castro was in bankruptcy at that time?
2 A. It was represented to me, yes, ma'am.
3 Q. Did you have any reason to believe he was not
4 in bankruptcy at that time?
5 A. No, ma'am.
6 Q. And were you aware that with the bankruptcy
7 pending that all property was subject to the bankruptcy
3 court jurisdiction?
9 A. The property concerning real estate, that that
10 was listed in the bankruptcy, yes.
11 Q. And does that include the residence on Olive
12 Street — 1501 Clive Street?
13 A. Yes. I believe it did.
14 Q. And, so, as an attorney, is it common practice
15 to make dispositions of property that are subject to a
16 bankruptcy court's proceeding?
17 A. If there is a lift stay.
18 Q. Was there a lift stay in this case?
19 A. It was represented to me that there was and
20 there was a document at — a document that was presented
21 -co me at the time. And there were those representations
22 made to the Court. And as an officer of the Court, when
23 representations are made by attorneys, then we usually,
24 you know, believe them.
25 Q. Who made the representation to you that the
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 stay had been lifted?
2 A. Opposing counsel.
3 Q. And that's Mr. Appelt?
4 A. Yes.
5 Q. And when did he make that representation?
6 A. Well, I think — I don't know if it was that
7 day or if it was prior. I know that that was one of uhe
8 issues as to why it was, you know, taking a long time.
9 Q- And did you, yourself, do any due diligence to
10 follow up on that to ensure that the stay had been
11 lifted?
12 A. I did the due diligence necessary.
13 Q. And what does that entail?
14 A. To review the document that was given to me and
15 taking the word of counsel.
16 Q. And what document was -hat?
17 A. It was a letter or paper. I don't remember.
18 Q. And, so, you also testified that there was a
19 representation made to the Court that the stay had been
20 lifted. Are you saying that it was represented to Judge
21 Canales on October 30th, 2013 that the stay in
22 bankrup ■ccy was lifted?
23 A. That's what I believe, yes.
24 Q. Why do you believe that?
25 A. Because that was one of the issues.
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 Q. Bur do you have any specific memory of it being
2 represented on that day to the Court, to Judge Canales,
3 that there was a bankruptcy pending and that the stay
4 had been lifted?
5 A. You know, I don't recall. It could have been
6 at, maybe, a temporary order or — you know, hearing.
7 I'm not sure.
8 Q. Do you recall if the bankruptcy was mentioned
9 in front of Judge Canales at all on October 30th, 2013?
10 A. I think it may have been. I believe it was,
11 but I'm not certain.
12 Q. And have you subsequently learned that the stay
13 in the bankruptcy was not actually lifted?
14 A. Yes.
15 Q. And, so, is there — is there any obligation on
16 you, as the attorney that entered into this agreement
17 with your client, to correct or reform that deficiency?
18 MR. APPELT: I'm going to object to the
19 relevance for the purpose of this hearing, Judge, 'cause
20 it's —
21 THE COURT: Sustained.
22 Q. (BY MS. LISHMAN) The terms of this agreement
23 require Ms. Castro to refinance the marital residence on
24 Olive Street within a certain period of time. Is that
25 correct?
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 A. That's what was ordered by the Judge, and we
2 reduced it to writing and included it in the decree,
3 ye s.
4 Q. So the sole disputed issue was the time period
5 for refinancing the marital residence. Is that correct?
6 A. That's what I recall.
Q. And are you recalling based on your actual
8 memory or from reviewing this written agreement?
9 MR. APPELT: Judge, I believe that was
10 asked and answered about 10 minutes ago.
11 THE COURT: Sustained.
12 Q. (BY MS. LISHMAN) Is it your — was it your
13 understanding at the time this agreement was written by
14 you and signed by the parties that all of the terms of
15 this agreement could have been performed by your client,
16 specifically that she could have refinanced the home
17 with the bankruptcy pending at that time?
IS MR. APPELT: Judge, I'm going to object
19 again. I don't — as 1 recall, the purpose of this
20 hearing was not to get into the substance of the
21 agreement. It was to whether or not this was actually
22 proved up, the divorce, that is, before Judge Canales in
23 open court.
24 THE COURT: Sustained.
25 Q. (BY MS. LISHMAN) Did you put on any proof that
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
1 day from your recollection or not — I guess — the term
2 "put on proof" refers to putting it on the record; is
3 that correct?
4 A. Not necessarily.
5 Q. Do you remember on that day if the specific
6 items on this agreement for final divorce were discussed
with Judge Canales prior to him signing this agreement?
8 A. What do you mean by "discussed"?
9 Q. Well, you testified that you established the
10 residency requirements, the jurisdictional requirements
11 for getting a divorce in Texas. Is that correct?
12 A. Come again.
13 Q. When you went before Judge Canales you
14 established the residency requirements and the
15 jurisdictional requirements for a divorce in Texas. Is
16 that correct?
17 A. Meaning me or the parties? Like the attorneys
18 together, yes.
19 Q. When you were in front of Judge Canales on
20 October 30th.
21 A. Yes. I believe Mr. Appelt asked the questions
22 of his client.
23 Q. And do you recall if the specific provisions
24 dealing with divisions of specific items of property
25 were discussed with Judge Canales prior to him signing
GLYN E. POAGE, CSR, RDR, CRR
166TH DISTRICT COURT BEXAR COUNTY, TEXAS
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UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
JNRE: § CASE NO.: I2-52696G
§
MANUEL GUADALUPE CASTRO JR.
§
Debtor §
TRUSTEE'S AMENDED OBJECTION TO MOTION TO
LIFT STAY TO PROCEED WITH DIVORCE
AND REQUEST FOR HEARING
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes, Mary K. Viegelahn, Chapter 13 trustee and files this, her Chapter 13 Trustee's Amended
Objection to the above-referenced Motion.
The Chapter 13 Trustee does not approve the afore-mentioned motion for the following reasons:
The Trustee opposes the Motion to Lift Stay to proceed with Divorce filed July 16,2014 by Malaise Law
Firm on Maryann Castro's behalf. The Debtor and Maryann Castro have previously entered into an
agreement for final divorce on October 20, 2013. Both Debtor and Ms. Castro were represented by
counsel and signed the agreement. The Trustee asserts the parties cannot re-litigate the terms of the
agreement including the terms of the property settlement.
WHEREFORE, the Trustee requests the Court deny the motion for the reasons stated above and set it for
hearing on the next available hearing dale. The Trustee further asks the Court Tor any other relief to
which she may be entitled.
Dated: July 29, 2014
Respectfully submitted,
As/ Jessica L. Hanzlik
JESSICA L. HANZLIK TSBN: 24055661
STAFF ATTORNEY FOR THE CHAPTER 13 TRUSTEE
jhanziikjSsach 13.com
1050 Heritage Blvd. Ste. 201
San Antonio, TX. 78216
(210)824-1460 fax; (210)824-1328
E
NO. 2.Q11 CI 15957
MATTER OF
§ IN THE DISTRICT COURT
MARRIAGE OF
§
MANUEL G. CASTRO'
AND
§ 45TH JUDICIAL
MARY AM CASTRO | 3EXAR COONTY, TEXAS
BTNAL DECREE OF DIVORCE
On October 30; 2013 the Court heard this case.
Appearances
Petitioner, MANUEL C, CASTRO, appeared in person and through attorney of record,
JOSEPH P. APPELT, and announced ready for trial.
Respondent, MARY ANN CASTRO, appeared in person and through attorney of:
DINORAH M. DIAZ, and announced ready for trial.
Tiurd party Respondent, TINA PACHECO, appeared in person and announced ready for
v-C
Record
S M JJ
maldng of a record^ testimony was waived by the parties with the consent of the
Court.
Jurisdiction and Domicile o n v
The Court finds that the pleadings of Petitioner areja due
all the
allegations, information, and prer
finds that it has jurisdiction of this case and of all the partie/and
elapsed since fee date the suit was filed.
ThqCoort farther finds that, at the time this suit was filed, Petitioner had been a
interest, and claim in and to thatproperty:
H-l. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the husband or subject to his sole control.
H-2. All clothing, jewelry, and other personal effects in the possession of the husband
or subject to his sole control.
H-3. All sums of cash in the possession of the husband or subject to his sole control,
including funds on deposit, together with accrued but unpaid interest, in basks, savings
institutions, or other financial institutions, which accounts stand in the husband's sole name or
from which the husband has the sole right to withdraw funds or which are subject to the
husband's sole control.
H-4. All sums, whether matured or unmatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof, the proceeds therefrom, and any other rights
related to any profit-sharing plan, retirement plan, geogfa plan, ipsjggnjfon employee stock
option plan, 401(k) plan, employee savings plan^accrued unpaid bonuses, disability plan, or
n. u - - ■ ,
other benenLS ^sbngJjjuEasoa^fthsU^^
W ""X- file MCrt OLXi "
— i-i—: c\y\
y h&eniti Kfl
H-5. All individual retirement accounts,
t simplified
ilifid employee
l pensions, annuities a ^S
i
vanable annuity life insurance benefits in the husband's name.
H-6. The 1999 Subarujno^y^hicle, together with a!] prepaid insurance, keys, and
title documents. ~~? jJ^L. DdOfsLh i^jf^ fhir^ clo'Sit h-P
Property to Wife < r, ■ I l ,' H i \ l ~tM -^^* /
IT IS ORDERED AND DECREED that the wife, MAKY ANN CASTRO, is awarded the
following as her sole and separate property, and the husband is divested of all right title, interest,
and claim in and to that property:
same date, but signed on
JUDfjjE PRESIDING
APPROVED AS TO FORM ONLY:
Joseph P. Appslt. P.C.
Attorney st Law
5825 Callaghan Rd. Ste. 104
San Antonio, TX 78228
Tel: (210) 375-1212
Fax:(210)375-1213
State Bar No. 00789S09
Attoh^ey $£aw
2325 Vj^e Jackson
ia Texas78213
rM:(210)34K3488
/zx.: (210)
By:.
Attorns}' for Respondent
State Bar No.
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
Petitioner
\
Respondent
CN
13
//V fv /
/
F
10/09/2014 Senl via Certified Mail
■J3D7 HDD H7D D773 251? C,D
MANUEL G CASTRO JR
1501 OLIVE ST
JOURDANTON, TX 78026-2220
Loan Number; 44675
Property Address: 1501 OLIVE STREET
JOURDANTON, TX 78026
NOTICE OF DEFAULT AM) INTENT TO ACCELERATE
Dear V1ANUBL G CASTRO JR:
This letter is formal notice by BSI Financial Services, Inc. (herein as "BSI"I the Servicer of the
above-referenced loan, on behalf of MLB SUB I, LLC that you are in default under the terms of ;he documents
creating and securing your Loan described above, including the Note and Deed of Trust/Mortgage/Security
Deed ("Security Instrument"), for failure to pay the amounts due.
The loan is due for 12/01/201 I and subsequent payments, plus late charges, fees and costs. As of today, the
total delinquency and reinstatement amount is $73,967.02, which consists of the following:
Next Payment Due Date 12 01 "'Ol 1
Total Monthly Payments Due: $66 357 75
(35 @ Sl,732.72)
Late Charges A $4.204.26
OtllcrFees: / ( S3.395.00
Unapplied Balance: ^ \ (§q qq-,
TOTAL YOU MUST PAY TO CURE DEFAULT: 573 967 02
U
It is possible thai after payment or the amounts detailed above there may be other fees still due and
ewing, Including but not limited to other fees, escrow advances or corporate advances (hat BSI paid on
your behalf or advanced to your account
This letter is a formal demand to pay S73.967.02. If the default, together with additional payments thai
subsequently become due, is not cured by 11/13/2014, BSI will accelerate the note so that the entire debt is
immediately due and payable, and take steps to terminate your ownership in the property by a foreclosure
proceeding or other action to seize the property.
IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT. BSI offers consumer assistance
programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided
without cost to our customers. You may be eligible for a loan workout plan or other similar alternatives. If you
would like to learn more about these programs, you may contact the Loss Mitigation Department at (800)
327-7S61, Monday-Wednesday 8 am to 8 pm EST, Thursday S am to 6 pm EST, Friday 8 am to 5 pm EST
Saturday S am to 12 pm EST. WE ARE VERY INTERESTED IN ASSISTING YOU.
The default above can be cured by payment of the total delinquency and reinstatement amount plus anv
TX^NOI
Page 1 of 3
1307 11D0 1170 □??□ 351E ID
G
.NERUPICY COUE
Westers District b€ Texas
Bankruptcy Case No.: 12-52696-cag
Chapter No.: 13
Judge: Craia A. Garsotta
IN RE: MsmieE GuacEaEuee Castro, Jr., Debtor(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that a hearing will be held
a! S.A. Courtroom 3, Hipoiilo F. Garcia red Bide &i Courthouse, 615 E. Houston St., San Antonio. TX
78205
on 9/29/14 Et 09:00 AM
Hearing lo Consider and Acf Upon the Following: (Related Dociimentfs): 63 Motion for Relief from Stay Aod
AgainstCo-Deblor {1501 Olive Street. Jourdanton, TX 7SQ26}(14 Day Ohjeeiion Language) ( filing Fee: %
176.00 j filed by Angela K. Randennann for Creditor BSI RnaneiaJ Scn'ices. as Service;- for Wells Pargo
Bank, N.A. (Atlachments: # 1 Affidavit # 2 Eshibil)) Healing Schedaled For 9/29/2014 al 09:00 AM al SA
Courtroom 3 (Esquivel. Maria;
Dalcd: 9/5/14
YvetlcM. iaylor
Clerk. U. S. Eankniptcy Coun
[BK1) [KldBJ
S) TKO
025169 7^905025194013
12-52696-cag Doc#63-2 Filed 09/04/14 Entered 09/04/14 20:37:39 Exhibit Pg 1 0? 2
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
CASE NO. 12-52696-CAG-13
§
GUADALUPE CASTRO, JR. §
§ CHAPTER 13
DEBTOR
§
BS1 FINANCIAL SERVICES, AS SERVICER §
§
FOR WELLS FARGO BANK, N.A- ITS
SUCCESSORS AND ASSIGNS
§
§
MOVANT
§
vs
MANUEL GUADALUPE CASTRO, JR..
DEBTOR MARY CASTRO. CO-DEBTOR §
i MARY K. VEGELAHN, TRUSTEE
RESPONDENTS
mm^m^B^mSmmS1^
^SiSSsiESSissiisi^
Mary Ann Castro v. Manuel Castro
Combined Opinion