in Re State of Texas

FILED 15-0135 5/13/2015 3:31:19 PM tex-5271831 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK No. 15-0135 In the Supreme Court of Texas _______________________________________ IN RE STATE OF TEXAS, Relator. _______________________________________ SUPPLEMENTAL MANDAMUS RECORD ___________________________________ On Petition for Writ of Mandamus Probate Court No. 1, Travis County, Texas ___________________________________ Craig Hopper Kurt Kuhn State Bar No. 00794947 State Bar No. 24002433 Brian Thompson Lisa Bowlin Hobbs State Bar No. 24051425 State Bar No. 24026905 HOPPER MIKESKA, PLLC KUHN HOBBS PLLC 400 West 15th Street, Suite 408 3307 Northland Drive, Suite 310 Austin, Texas 78701 Austin, Texas 78731 (512) 615-6195 (512) 476-6005 (512) 610-1306 (fax) (512) 476-6002 (fax) bthompson@hoppermikeska.com Kurt@KuhnHobbs.com Lisa@KuhnHobbs.com Counsel for Real Party in Interest Sonemaly Phrasavath May 13, 2015 TAB DATE DESCRIPTION VOLUME 1 Affidavit of Kurt H. Kuhn A 02/17/2015 Order on Special Exceptions and Motion to Dismiss B 11/06/2014 Sonemaly Phrasavath’s Response to Special Exceptions and Motion to Dismiss and Motion for Continuance C 09/18/2014 Application for Determination of Heirship and Issuance of Letters Independent Administration D 09/18/2014 (1) Contest to Applications James Powell and Alice Huseman’s Application for Determination of Heirship and Issuance of Letters Independent Administration and (2) Counter Application to Determine Heirship, for Appointment of Dependent Administrator and Issuance of Letters of Administration E 10/15/2014 Applicants James Powell and Alice Huseman’s Special Exceptions to, and Motion to Dismiss, Sonemaly Phrasavath’s (1) Contest to Applications James Powell and Alice Huseman’s Application for Determination of Heirship and Issuance of Letters Independent Administration and (2) Counter Application to Determine Heirship, for Appointment of Dependent Administrator and Issuance of Letters of Administration F 11/07/2014 Sonemaly Phrasavath’s Supplemental Response to Special Exceptions and Motion to Dismiss and Motion for Continuance G 02/17/2015 Applicants James Powell and Alice Huseman’s Brief In Support Of Their Special Exceptions and Motion to Dismiss H 02/25/2015 Supplement to the Record: Affidavit Regarding Court Notice of the Constitutional Challenge of a State Statute under Texas Government Code § 402.010 I 02/18/2015 Plea in Intervention of the State of Texas AFFIDAVIT OF KURT H. KUHN STATE OF TEXAS § § COUNIY OF TRAVIS § BEFORE ME, the undersigned authority, on this day personally appeared Kurt H Kuhn, who being by me duly sworn, stated as follows: 1. My name is Kurt H Kuhn. I am of sound mind, I am over twenty-one (21) years of age, and I am competent to make the statements herein. I have reviewed the pleadings and orders related to this matter and have personal knowledge regarding the facts set forth herein. 2. I am an attorney of record for the Real Party in Interest Sonemaly Phrasavath in the original proceeding styled as In re State if Tex as, No. 15-0135, in the Supreme Court of Texas. 3. This Supplemental Mandamus Record contains true and correct copies of the documents as described in the master index included with the Supplemental Mandamus Record. 4.

The documents in the Supplemental Mandamus Record have been redacted to comply with the rules. SUBSCRIBED AND SWORN TO before me this 13th day of May, 2015, to certify which witness my hand and seal of office. Dated: May 13, 2015 Respectfully submitted, ~~- --~ ~ Craig Hopper Kurt Kuhn State Bar No. 00794947 State Bar No. 24002433 Brian Thompson Lisa Bowlin Hobbs State Bar No. 24051425 State Bar No. 24026905 HOPPER MIKESKA, PLLC KUHN HOBBS PLLC 400 West 15th Street, Suite 408 3307 Northland Drive, Suite 310 Austin, Texas 78701 Austin, Texas 78731 (512) 615-6195 (512) 476-6003 (512) 610-1306 (fax) (512) 476-6002 (fax) bthompson@ hoppermikeska.com Lisa@ K uhnHobbs.com Kurt@ KuhnHobbs.com CoUNSEL FOR REAL PARTY IN INTEREST CERTIFICATE OF SERVICE I hereby certify that, on May 13, 2015, and in compliance with the Texas Rules of Appellate Procedure, a true and correct copy of the foregoing supplemental record index has been served as follows: Hon. Guy Herman Judge of Probate Omrt No. 1, Travis County, Texas via email Probate Court No. 1 1000 Guadalupe, Room 217 Austin, Texas 78701 Respondent Michael B. Knisely Jason S.

Scott via e-S ervice Osborne, Helman, Knebel, DeLeery 301 Congress Avenue, Suite 1910 Austin, Texas 78701 Douglas A Booth Law Offices of Douglas A Booth via e-Service 3801 S. Capital of Texas Highway, Suite 255 Austin, Texas 78704 Counsel for Real Parties in Interest, Unknown Heirs of Stella Marie Powell, James Powell, and Alice Huseman MichaelP.Murphy Assistant Solicitor General via e-Service Office of the Attorney General P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Counsel for Relator, State ofTexas Kurt Kuhn Tab A No. C-1-PB-14-001695 ESTATE OF § IN THE PROBATE COURT ~ ····~~:· § .. · ,•' STELLA MARIE POWELL, § NUMBER I . ~.... :··:~ ..·.·. § DECEASED § TRAVIS COUNTY, TEMS --, ./ . >~ ORDER ON SPECIAL EXCEPTIONS AND MOTION TO DISMISS On this day, the Court considered Applicants James Powell and Alice Huseman~s Sp~~J~l ··:.r Exceptions to, and Motion to Dismiss, Sonemaly Phrasavath' s (I) Contest to Applicants' Application for Determination of Heirship and Issuance of Letters of Independent Administration and (2) Counter-application to Determine Heirship, for Appointment of Dependent Administrator and Issuance of Letters of Administration (collectively, the “Special Exceptions and Motion to Dismiss”). Having considered the Special Exceptions and Motion to Dismiss, the response and supplemental response filed by Sonemaly Phrasavath, the arguments of counsel, and all other papers on file in this matter, the Court hereby DENIES the Special Exceptions in their entirety.

In denying the Special Exceptions, the Court finds that Texas Family Code § 2.401, Texas Family Code § 6.204(b), and Article I, § 32 of the Texas Constitution are unconstitutional ,insofar as they restrict marriage in the State of Texas to a union of a man and woman and prohibit the creation or recognition of marriage to same-sex couples, because such restrictions and prohibitions violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the Unites States Constitution. Signed on February a, 2015. Tab B .-. Filed: 11/6/2014 5:23:19 PM Dana DeBeauvoir Travis County Clerk C-1-PB-14-00 1695 No. C-1-PB-14-001695 Abram Gonzalez ESTATE OF § IN THE PROBATE COURT § STELLA MARIE POWELL, § NUMBER I § DECEASED § TRAVIS COUNTY, TEXAS SONEMALY PHRASAVATH'S RESPONSE TO SPECIAL EXCEPTIONS AND MOTION TO DISMISS AND MOTION FOR CONTINUANCE Sonemaly Phrasavath ("Sonemaly'') hereby files this Response to the Special Exceptions and Motion to Dismiss filed by James Powell and Alice Huseman.

Sonernaly also files, in the alternative, a Motion for Continuance. In support of her Response and the Motion for Continuance, Sonemaly would show the Court the following: I. Introduction Stella Powell (“Stella”), the decedent herein, and Sonemaly were in a committed, same-sex relationship for approximately eight years and were married for almost six years. Like any other married couple, they resided in the same home, celebrated their love for each other before friends and family at a marriage ceremony, and lived openly as spouses.

During Stella's final illness, Sonemaly cared for Stella at their home until Stella ultimately lost her battle with cancer at the much too young age of 53. Sonemaly has filed an application for heirship in this matter as Stella's common law spouse. James Powell and Alice Huseman (collectively, “Movants”), who are Stella's surviving sublings, have filed special exceptions and a motion to dismiss Sonemaly's application based on Texas's laws banning the recognition of same-sex marriages. These laws, like those in many other states, have been struck down since the United States Supreme Court's landmark decision - - in U.S. v.

Windsor. In fact, since Windsor, the vast majority of courts to entertain a challenge to same..sex marriage bans have struck down such bans as unconstitutionaL Sonemaly seeks the same remedy from this Court and asks that the Court deny Movants' special exceptions and motion to dismiss. In the alternative, because Texas law requires that the Attorney General of Texas be given notice of Sonemaly's constitutional challenge to Texas's laws banning same-sex marriage, and because a judgment that these laws are unconstitutional cannot be given until 45 days after such notice is given, Sonemaly moves for a continuance of the hearing on Movants' special exceptions and motion to dismiss until such notice period passes. II. Facts Sonemaly and Stella met in the swnmer of 2004 and began a romantic relationship in the summer of 2006.

In April 2007, they traveled to Maui, Hawaii~ and Sonemaly proposed to Stella on the peak of Mount Haleakala In May 2007, the couple hosted a party to celebrate their engagement before family and friends. Shortly afterwards, the couple began living together in Austin. On April 3, 2008, Sonemaly and Stella were married at Chapel Dulciea in Driftwood, Texas. Zen Priest Barbara Kohen officiated the marriage, which· was attended by a small group of friends and family.

Thereafter, Stella and Sonemaly executed declarations stating that they, among other things, were each other's domestic partner, were living in an intimate and committed relationship, were residing together, and were jointly financially responsible for each other's basic living expenses. In fact, the couple began living together shortly after their engagement and cohabitated until Stella's death in the summer of2014. 2 -· In October 2013, Stella was diagnosed with colon cancer. During Stella's battle with the disease, Sonemaly acted as Stella's medical power of attorney, cared for her at their home, and accompanied her to treatments in Houston at M.D. Anderson and in Austin.

Unfortunately, on June 21,2014, Stella succumbed to cancer at the age of 53. After Stella's death, Sonemaly and Movants discussed settling Stella's estate based on the terms of a will that Stella had drafted shortly before her death but had never executed. When these discussions were unsuccessful, Movants filed their Application for Detennination of Heirship, which states that Stella was never married and does not even mention Sonemaly's name. Since that filing, Sonemaly has filed a contest to Movants' application and a competing application as Stella's common law spouse.

On October 15, 2014, Movants filed their Special Exceptions and Motion to Dismiss (the “Special Exceptions”) Sonemaly's heirship application arguing that Stella's maniage to Sonemaly should not be recognized by this Court because of Texas's laws banning same-sex marriage. Movants' Special Exceptions omit the glaring fact that this ban has been struck down as unconstitutional by the Federal District Court for the Western District of Texas in the case of DeLeon v. Perry, 975 F.Supp.2d 632 (W.D. Tex. 2014).

DeLeon follows the holdings of the vast majority of courts to entertain a challenge to state bans on same-sex marriage since the United States Supreme Court's decision in Windsor, wherein the Court held that the Federal Defense of Maniage Act's (“DOMA”) limitation of marriage to opposite sex couples was unconstitutional. 133 S.Ct. 2675 (2013). Sonemaly now requests this Court to follow these holdings and rule that Texas's laws banning same-sex marriage are unconstitutional and, based on this holding, to deny Movants' Special Exceptions. 3 - Ill. Arguments aod Authorities A. The history of laws banaing same-sex marriage in Texas.

Movants have cited to three Texas laws to support their argument that the Court should disregard Sonemaly and Stella's marriage: (1) Texas Family Code § 2.401 (limiting informal marriage to '~marriage of a man and woman“); (2) Texas Family Code§ 6.204(b) (stating that ”[a] marriage between persons of the same sex .. .is void in this state“); and (3) Article I, § 32 of the Texas Constitution (stating that ”[m]arriage in this state shall consist only of the union of one man and one woman ....Thls state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.“). Sonemaly will refer to these laws collectively as ”Texas's Ban." The Texas Family Code was amended in 1973 after the unsuccessful attempts of a small number of gay and lesbian citizens to obtain marriage licenses. James W.

Harper and George M. Clifton, Heterosexuality: A Prerequisite to Marriage in Texas? 14 SOUTH TEXAS L.J. 220 (1973). During the same period, same-sex couples in other states brought suits seeking to marry. Jones v.

Hallahan, 501 S.W.2d 588 (Ky. Ct. App. 1973); Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971), affd, 409 U.S. 810 (1972); Anonymous v.

Anonymous, 325 N.Y.S.2d 499 (N.Y. Sup. Ct. 1971); Singer v. Hara, 522 P.2d 1187 (Wash.

Ct. App. 1974). In reaction to these attempts, the Texas legislature amended the Texas Family Code to state that “a man and woman” rather than “persons” were entitled to obtain a marriage license and added, “(a] license may not be issued for the maniage of persons of the same sex.” TEX. FAM. CODE§ 1.01 (1973). As a reaction to the Hawaii Supreme Court court's holding that same-sex couples had the right to marry under that state,s law., Congress in 1996 enacted DOMA, which limited federal 4 recognition of marriage to only same-sex marriages, and numerous states followed with so~called '1:nini-DOMAs," which prohibited states from recognizing marriages between same.. sex couples.

See Jane S. Schacter, Courts and the Politics of Backlash, 82 S. CAL. L. REv. 1153, 1188-89 (Sept. 2009). These mini-DOMAs typically defined marriage as only between one man and one woman and prevented states from giving full faith and credit to same-sex marriages lawfully entered in other jurisdictions. Texas followed suit in 2003 with its own mini ..DOMA by enacting Texas Family Code § 6.204, which voids all marriages and all civil Wlions between same-sex couples and prohibits state recognition of any such relationships. TEX. FAM. CODE § 6.204(b).

It further prohibits the state from giving effect to any “legal protection, benefit, or responsibility” allegedly resulting from such marriages or civil unions. TEX. FAM. CoDE§ 6.204(c). In 2005, Texas enshrined this law in the state constitution. The constitutional amendment was passed by referendum with approximately 76o/o of the vote. OFFICE OF TEXAS SECRETARY OF STATE, 2005 CONSTITUTIONAL AMENDMENT ELECTION, http://elections.sos.state.tx.us/elchist.exe (last visited November 4, 2014).

As a result, Article I,§ 32 of the Texas Constitution now states: (a) Marriage in this state shall consist only of the union of one man and one woman. (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. This discriminatory constitutional provision, as well as the other laws comprising Texas's Ban, cannot withstand constitutional scrutiny and should be disregarded in this matter. The Court should detennine the question of whether Stella and Sonemaly' s maniage should be recognized based on the laws governing informal marriage, not based on Texas's unjustifiable ban. This is especially evident in light of the United States Supreme Court's decision in U.S. v.

Windsor. 5 .- B. The United States Supreme Courtts Decision in Windsor and its effect on state laws banning same-sex marriage. In Windsor, plaintiff Edith Windsor challenged the provision of DOMA that defined “marriage” and "spouse'' to exclude same..sex spouses. 133 S.Ct. 2675, 2682 (2013). Ms.

Windsor had married Thea Spyer in Canada and that marriage was subsequently recognized in their home state of New York. !d. at 2683. Ms. Spyer died in 2009 and left her entire estate to Ms. Windsor.

Id. But because of Section 3 of DOMA (“Section 3”), which defines “marriage” and “spouse” as excluding same~sex spouses for purposes of all federal statutes and regulations, Ms. Windsor could not qualify as Ms. Spyer,s “surviving spouse” for purposes of the federal estate tax exemption. /d.

As a result, Ms. Windsor was required to pay $363,053.00 in federal estate taxes that she otherwise would not have been required to pay if her marriage to Ms. Spyer was recognized under federal tax law. ld. Ms.

Windsor challenged Section 3, a challenge that was eventually decided by the Supreme Court. The Court's opinion, 'Mitten by Justice Anthony Kennedy, invalidated Section 3 as unconstitutional under the Fifth Amendment's Due Process Clause. !d. at 2693. In reaching this holding, Justice Kennedy made the following statements regarding Section 3: • Section 3' s “principal purpose is to impose inequality, not for other reasons like government efficiency.” • Section 3 ''tells those [same-sex] couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition.“ • Section 3 ''demeans the couple, whose moral and sexual choices the Constitution protects.n citing Lawrence v. Texas, 539 U.S. 558 (2003) (striking down Texas's sodomy laws as unconstitutional). • Section 3 ”humiliates tens of thousands of children now being raised by same-sex couples.

The law in question makes it even more difficult for the children to 6 understand the integrity and closeness of their own family and its concord with other families in the community and in their daily lives.“ • ''Under DOMA, same-sex married couples have their lives burdened by reason of government decree, in visible and public ways.” ld. at 2694..95. The Court held that for these same reasons, Section 3 denied same-sex spouses equal protection ofthe Jaws guaranteed by the Fourteenth Amendment.Jd. at 2695 (“[w]hile the Fifth Amendment itself withdraws from Government the power to degrade or demean the way [DOMA] does, the equal protection clause of the Fourteenth Amendment makes that Fifth Amendment right all the more specific and all the better understood and preserved.”). In a prophetic dissent concerning, in part, the breadth of Justice Kennedy's opinion, Justice Scalia reasoned that majority decision would be applied by lower courts to hold state bans on same sex maniage unconstitutional. /d. at 2709. To illustrate his point, Justice Scalia edited excerpts from Justice Kennedy's opinion to show how they might apply equally in a same-sex marriage ban case, including in the following example: [DOMA] Thjs state law tells those couples, and all the world, that their otherwise valid JftBI'fiages relationships are unworthy of fetleml state recognition.

This places same-sex couples in an unstable position of being in a second-tier ma:n:ia:ge relationship. The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, see Lawrence. ld. at 2709-10 (citing id. at 2694). Justice Scalia could not have been more accurate with his prediction, as court after court entertaining challenges to state law same-sex marriage bans have applied Justice Kennedy's opinion in Windsor to almost uniformly strike those bans down. At the time of this writing, almost twenty reported decisions, including decisions by the Tenth, Fourth, Seventh and Ninth Circuit United States Courts of Appeals, have relied on Windsor to strike down state bans on same sex marriage as Wlconstitutional.

Bishop v. Smith, 160 7 -· ·- F.3d 1070 (lOth Cir. 2014); Kitchen v. Herbert, 755 F.3d 1193 (lOth Cir. 2014); Bostic v. Schaefer, 160 F.3d 352 (4th Cir. 2014); Baskin v.

Bogan, 166 F.3d 648 (7th Cir. 2014); Latta v. Otter, ......f.3d---, 2014 WL 4977682 (9th Cir. 2014); Marie v. Moser, No. 2:14--cv-02518-DDCTJJ, --F.Supp.2d··-- (D. Kan. 2014); Bourke v.

Beshear, 996 F.Supp.2d 542 (W.O. Kent. 2014); Love v. Beshear, 989 F.Supp.2d 536 (W.D. Kent. 2014); Gray v.

Orr, 4 F.Supp.3d 984 (N.D. Illinois 2014); Brenner v. Scott, 999 F.Supp.2d 1278 (N.D. Fla. 2014); Hamby v.

Parnell, --- F.Supp.3d---, 2014 WL 5089399 (D. Alaska 2014); Wolfv. Walker, 986 F.Supp.2d 982 (W.D. Wise. 2014); Majors v.

Jeanes, .....f.Supp.3d-··, 2014 WL 4541173 (D. Ariz. 2014); Whitewood v. Wolf, 992 F.Supp.2d 410 (M.D. Penn. 2014); Geiger v.

Kitzhaber, 994 F.Supp.2d 1128 (D. Oregon 2014); Henry v. Himes, ---F.Supp.2d--.., 2014 WL 1418395 (S.D. Ohio 2014); Tanco v.

Haslam, 7 F.Supp.3d 759 (M.D. Tenn. 2014); DeBoer v. Snyder, 973 F.Supp.2d 757 (E.D. Michigan 2014); Obergefell v.

Wymyslo, 962 F.Supp.2d 968 (S.D. Ohio 2013). Based on these and other decisions, as well as related legislative enactments, same·sex couples in 32 states and the District of Columbia now have the freedom to marry, and nearly 59% of the U.S. population lives in states currently issuing marriage licenses to same·sex couples. FREEDOM TO MARRY, http://www.freedomtomarry.org/states/ (last visited November 4, 2014). In fact, the undersigned has discovered only two reported cases since Windsor upholding a state's ban on same-sex marriage, and even these cases acknowledge the tidal wave of postWindsor opinions striking down the bans.

See Robicheaux v. Caldwell, 2 F.Supp.3d 910 (E.D. La. 2014) (acknowledging ~'the near-unanimity of the many other federal courts that have spoken on this pressing issue" and have declared same-sex marriage bans unconstitutional); Vidal v. Garcia-Padilla, ---F.Supp.3d- -, 2014 WL 5361987 (D. P.R. 2014) (acknowledging that u[a] clear majority of courts have 8 struck down statutes that affirm opposite-gender marriage only).

In contrast to these two opinions, since Windsor no circuit court of appeals has upheld such a ban. In sum, the effect of Windsor has been swift and resolute-i.e. based on the majority's reasoning in Windsor, state bans on same-sex marriage, including Texas's Ban, no longer pass constitutional muster. C. Tbe DeLeon decision. In DeLeon v.

Perry, Judge Orlando Garcia of the United States District Court for the Western District of Texas-San Antonio Division, declared Texas's Ban unconstitutional. The plaintiffs in DeLeon were two married couples, one lesbian couple who had been married in Massachusetts and were seeking to have their marriage recognized in Texas, and one gay couple who had applied and been denied a Texas marriage license. 975 F.Supp.2d 632, 640-41 (W.D. Tex. 2014). The Defendants were various local and state officials defending Texas's Ban. ld.

After reciting the history of same·sex marriage bans in the United States, including the enactment of Texas's Ban and DOMA, the Court highlighted the watershed decision in Windsor. !d. at 641-648. The court then considered the plaintiffs' challenges to Texas's Ban tutder the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution.Jd. at 649. 1. The DeLeon court's equal protection analysis.

Beginning with its equal protection analysis, the court noted that "[t]he Equal Protection Clause of the Fourteenth Amendment commands that no state shall deny to any person within its jurisdiction the equal protection of the laws ... This essentially means that aU persons similarly situated shall be treated alike.'' ld. at 649 (citing U.S. Const. Amend. XIV § 1 and City of Cleburne, Tex. v.

Cleburne Living Ctr.t 473 U.S. 432 (1985)). Measured against the equal 9 -· protection clause, laws are subject to three levels of scrutiny: strict scrutinyt intennediate scrutiny, or rational basis review. Id. Although the plaintiffs urged the court to apply strict or intermediate scrutiny to Texas's Ban based on the history of state discrimination· against homosexuals; the fact that sexual orientation is immutable, and that homosexuals are a minority with insufficient political power, the court found there was no need because the Ban could not satisfy even the most deferential rational basis level ofreview.Jd. at 651-52.

Rational basis requires only that the law bear some rational relationship to a legitimate state interest. ld. at 652. The defendants identified two purported legitimate state interests furthered by Texas's Ban: 1) increasing the likelihood that a mother and father will be in charge of childrearing; and 2) encouraging stable family environments for responsible procreation. ld. at 653. The court first rejected the defendants' claim that baning same-sex couples from marrying bears a rationaJ relationship to furthering the welfare of children and childrearing. !d. Echoing Justice Kennedy in Windsor, the DeLeon court found that the ban actually injuries children and “causes needless stigmatization and humiliation for children being raised by the loving same-sex couples being targeted.”

Id. The court found that the defendants had failed to present any evidence that denying marriage to same-sex couples positively affects childrearing or evidence that recognizing a same-sex marriage could affect a heterosexual couple, s decision to marry or raise a family. Jd. The court then assailed the defendants' procreation arguments by reasoning that '•procreation is not and has never been a qualification for marriage!“ and noted that such a qualification would threaten ”the legitimacy of marriages involving post-menopausal women, 10 ·- infertile individuals, and individuals who choose to refrain from procreating."

Id. at 654. Continuing on, Judge Garcia observed that “[p]ennitting same. .sex couples to marry wiJl not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriage.” /d. In fact, the court noted, Texas's Ban hinders stable environments for procreation by denying the children of same-sex couples the same stable family structure which the defendants praised in their arguments. /d. at 655. The court concluded this section by stating that “the argument that allowing same-sex couples to marry will undermine procreation is nothing more than an unsupported 'overbroad generalization' that cannot be a basis for upholding discriminatory legislation.” ld.

Finally, the court dispensed with any argument that tradition, or more specifically the "traditional definition of marriage'' is a reason for upholding Texas's Bans. /d. Citing Lawrence, the court noted that tradition alone can never be a reason to uphold a law under rational basis review~ ld. As an example, Judge Garcia· highlighted the U.S. Supreme Court's decision in Loving v.

Virginia, which struck down state laws banning marriage between people of different races, and reasoned that “tradition alone cannot justify denying same-sex couples the right to marry any more than it could justify Virginia's ban on interracial marriage.” !d. at 656 (citing Bostic v. Rainey, 970 F.Supp.2d 456 (E.D. Va. 2014)). The court concluded by holding that the defendants had failed to show any rational relationship between Texas~s Ban and a legitimate governmental purpose and, therefore, the ban violated the plaintiffs' equal protection rights.

Id. 2. The DeLeon eourt's due process analysis~ After fmding Texas's Ban unconstitutional as a violation of equal protection, Judge Garcia addressed the plaintiffs' argument that Texas's Ban was a violation of the Due Process 11 Clause of the Fourteenth Amendment, which guarantees that all citizens have certain fundamental rights. /d. The court first detennined that, based on Supreme Court precedent, marriage is indeed a fundamental right that implicates the additional fundamental rights of privacy, liberty, and association, all of which are protected by the due process clause. /d. at 65758. As such, the U.S.

Supreme Court had historically invalidated state laws that infringe on an individual's right to marry, including most notably, in Loving v. Virginia when the Court struck down Virginia's ban on interracial marriage. /d. at 658. Because Texas's Ban “categorically den[ies] the fundamental right to marry to a class of citizens,” the court applied strict scrutiny, which requires that the law be supported by a compelling state interest and be narrowly tailored to effectuate that interest. ld. at 659-60. The court concluded, without discussion, that the defendants bad failed to satisfy this difficult burden and concluded that Texas's Ban was unconstitutional under the due process clause of the Fourteenth Amendment. 1 The DeLeon court concluded by holding that Texas's Ban was unconstitutional because it violates the plaintiffs' equal protection and due process rights under the Fourteenth Amendment to the United States Constitution. ld. at 666.

The court then stayed its decision, which included an injunction barring enforcement of the Texas's Ban, pending the final disposition of an appeal to the Fifth Circuit Court of Appeals. !d. D. Texas's ban on same-sex marriage is unconstitutional. Based on the holding in DeLeon, which is from the federal district covering this jurisdiction, as well as the holdings of the numerous other courts who have entertained I The DeLeon court went on to hold that Texas's failure to recognize same-sex marriages recognized in other jurisdictions was unconstitutional, but because that discussion is inapplicable to this case and for the sake of brevity this discussion has been excluded from this response. 12 T:~!V\~ i“ 'fi”Ot ·- challenges to state laws banning same-sex marriage in the aftennath of Windsor, Texas's Ban is unconstitutional. Assuming that the Movants here will offer the same three justifications for the Ban that were discussed in DeLeon-i. e. that the Ban 1) increases the likelihood that a mother and father will be in charge of childrearing; 2) encourages stable family environments for responsible procreation; and 3) is justified based on tradition-the failure of these reasons to reach the level of a “rational basis” for the Ban is even more stark in this case than in DeLeon.

How could this Court's recognition of the marriage between Stella and Sonemaly, which would allow Sonemaly to participate in all the benefits of a surviving spouse, somehow affect anyone's decision regarding how to rear their children or procreate? The only effect of recognition in this case would be to provide Sonemaly with the rights of an heir, something this court does every day without paying regard to the sex of the decedent or the hei~ and without any effect on anyone else's decision regarding how to rear their family. And as the DeLeon court noted, tradition alone is no justification for Texas's Ban. Failing to recognize the marriage between Stella and Sonemaly would only magnify the same discriminatory and deleterious effects that Justice Kennedy warned of in Windsor. Could there be any more '~isible and public“ burden than, in your time of mourning for your deceased spouse, having your spouse's family and the State of Texas fail to recognize your marriage and fight to have it invalidated? Is there anything more demeaning or unequal than having the state in which you and your spouse lived for years suggest that your otherwise valid marriage is unworthy of recognition simply because you are of the same sex? And although Stella and Sonemaly never had children, imagine the effects of non-recognition on the surviving children of 13 0 2 2015 By Deputy: - -~”·“· ~~'\~t)VV ~ ~ L~MON . --··-··-·-··-·--·--------------------- understand the integrity and closeness of their own family and its concord with other families in the community and in their daily lives.”

See Windsor, 133 S.Ct. at2694. The Texas Ban is blatant discrimination that has no rational relationship to any legitimate government interest. Its application in this case would not only be unconstitutional, it would be cruel. This Court should follow the holdings of almost every other jurisdiction to bear a challenge to state laws banning same-sex marria~e post-Windsor and hold that Texas's Ban is unconstitutional and deny Movants' Special Exceptions. IV.

Alternative Motion for Continuanee In the alternative to denying Movants' Special Exceptions and holding Texas's Ban unconstitutional at this time, Sonemaly requests that the Court continue the hearing on this matter until the Texas Attorney General can be given notice as required Wider Texas Government Code § 402.010. That section requires that ~'[i]n an action in which a party to the litigation files a ... pleading challenging the constitutionality of a statute of this state ... [t]he court shall, if the attorney general is not a party to or counsel involved in the litigation, serve notice of the constitutional challenge and a copy of the ... pleading“ on the attorney general. TEX. Gov'T Cooe § 402.0IO(a). The statute further states that ”[a] court may not enter a final judgment holding a statute of this state unconstitutional before the 45th day after the date" of the notice. !d. at (b).

In a recent case out of San Antonio, wherein State District Judge Barbara Nellennoe held that Texas's Ban is unconstitutional, the appellate court granted mandamus relief to the Attorney General because of the court's failure to provide notice of the constitutional challenge. In re State of Texas, No.04-14-00282, 2014 WL 2443910 (Tex. App.-San Antonio May 28,2014, no pet.) (mem. op., not designated for publication). Therefore, Sonemaly requests that the Court 14 - postpone any decision on the constitutionality of Texas's Same Sex Marriage Ban until the notice required by the Government Code is provided and the 45 day notice period has passed. v.

Request for Relief Based on the forgoing, Sonemaly Phrasavath requests an order from the Court finding that Texas Family Code§§ 6.204(b) and 2.401 and Article I,§ 32 of the Texas Constitution are unconstitutional under the United States Constitution; denying Movants' Special Exceptions and Motion to Dismiss; in the alternative, continuing the hearing on Movants' Special Exceptions and Motion to Dismiss until the notice period required by Texas Government Code§ 402.010 has passed; and providing Sonemaly with all such further relief to which she shows herself entitled. Respectfully submitted, HOPPER MIKESKA, PLLC By: CRAIG HOPPER State Bar No. 00794947 BRIANT. THOMPSON State Bar No. 24051425 chopper@ho~mermikeska.com bthompson@hoppermikeska.com 400 W. 1slh Street, Suite 408 Austin, Texas 78701 (512) 615-6195 Telephone (512) 615-6194 Fax ATTORNEYS FOR COUNTER-APPLICANT 15 n~7,/ CIA'\, "~"~1!\PS Colm'ty, rta~ ~~~ ;q true ~~nd ~ul)} rtf .· . rtl'::oro in my office mv !iam.i Jftic~ on • Dana DeBeauvoirl Cat.mtMAit 0 2 J015 CERTIFICATE OF SERVICE I hereby certify that a. true and correct copy of the foregoing pleading has been served on the following counsel of record on this 6th day of November, 2014, in accordance with Rule 2la of the Texas Rules of Civil Procedure, either electronically through an electronic filing manager, or non..electronical1y via hand-delivery, e-mail, facsimile, or mail (first class or certified): Michael B. Knisely Jason S. Scott Osborne, Helman, Knebel, DeLeery, L.L.P. 301 Congress Avenue, Suite 1910 Austin, Texas 78701 (512) 542-2011 (fax) Lorin Hayes Law Offices of Douglas A.

Booth, P.C. 3801 S. Capital ofTexas Highway, Suite 255 Austin, Texas 78704 (512) 478-4926 (fax) 16 I IICU. I lfV/LV l"'t ..J.L...,}. l v rcl'fl Challenge to ConstitutioDality of a State Statute Dana DeBeauvo r Travis County Cler~ This form must be completed by a party filing a petition, motion or other pleading etl&tleiif.ii·ctt\lP9 5 constitationality of a state statute. The completed form must be filed with the court in which ~CSU9e'~ial ~z pending as required by Section 402.010 (a-1), Texas Government Code. Cause Number (For Clfl'k UR Only): Court (F'Ot' Clerk Use Only): Styled: (e.g.• John Smith v.

All American Insurance Co.; in re Mary Ann Jones; In the Matter of the Estate of George Jackson) CoataetiufonaatioJi..,foi'.~N-“eball~~~g.theeonstitUtioaalltjofcii:st1\t•·statt;lte,.·(*UJIIIny_ls:not.a,.,on,pr.twlde co•t.11!11 t•ft~t'IIUitltmforplll'i:y;F:rtl.~&rqra~ilratttmtejt.) ... · · _. · . · · .- · · · Name: SOnemaly Phrasavath c/o Brian Thompson Telephone: 512-615-6195 Address: 400 W. 15th Street, Suite 408 Fax: 512-615-6194 City/State/Zip: Austin, Texas 78701 State Bar No. (if applicable): 24051425 Email: bthompson@hoppermikeska.com Person completing this fonn is: ~ Attorney for Party D Unrepresented Party D Other: Identify the ~--~-PJeadiq,yo~ ~ha~e. filed ~liallenging .th~ eODStitutionaUty of a s~te.statute~ 0 .: 0 0 0 o • 0 . . . ._ 0 0 o : ' ' 0 • N ' ' 0 0 ' ' ' •• o : 0 ~ 0 '' ' ' 0 0 ' ' 0 '• ' o ' ' ' 0 0 Petition D Answer D Motion (Specify type): 181 Other: Response to Motjon for Qismiss/Specja! Rxc,eptjnns .. .. _;_, D Yes I!) No Soncma!y Phmsavatb cballenges the constjtutjonalit)' of Texas Famjly Code Sections 2 40 I and 6.204 and Artiqle 1. Section 32 of the Texas Constitution insofar as these laws prohibit recognition of ume:sex informal marriage These laws are challenged under the fowteentb Amendment to the Uojted States Constitution and the holding of DeLeon v. Perry. 975 F.SUJ!p.2d 632. 640-41 (W.O. Tex. ~ \Iii,,ln\~~~~\ii\l\~\'\~'~'\Il \ \ \ \ \ \\\1 ~ ”U\f t~V \U, M~ lJMON Tab C ··- Filed: 9/18/2014 12:01:19 AM Dana DeBeauvoir Travis County Clerk C-1-PB-14-001695 Abram Gonzalez Cause No. C-1-PB-14-_00_} {ljS: ESTATE OF § IN THE PROBATE COURT § STELLA MARIE POWELL, § ~MBERONEOF § DECEASED § TRAVIS COUNTY, TEXAS APPLICATION FOR DETERMINATION OF HEIRSHIP AND ISSUANCE OF LETTERS OF INDEPENDENT ADMINISTRATION Date of Death: June 21, 2014 TO THE HONORABLE JUDGE OF SAlD COURT: James Powell and Alice Huseman (“Applicants”) file this Application for Determination of Heirship and Issuance of Letters of Independent Administration and in suppm1 of such Application would respectfully show the Court as follows: I.

Applicant James Powell is a surviving brother of Stella Marie Powell ("Decedent''), and resides at 715 West Avenue, Austin, Travis County, Texas 78701. Applicant Alice Huseman is the surviving sister of Decedent, and she resides at 223 Oleander Avenue! Corpus Christi, Texas 78404. II. Decedent died on June 21, 2014, in Ha11·is-County, Texas at the age offiftyMthree (53) years, and four (4) years have not elapsed since the date of her death. 1 --· III. This Court has jurisdiction and venue because Decedent was domiciled and had a fixed place of residence in Travis County, Texas on the date of her death. IV.

Decedent owned property described generally as real property, goods and personal effects of a pt·obable value of in excess of $50,000. A necessity exists for the administration ofDecedenfs estate (the “Estate”). v. To the best of Applicants' knowledge, Decedent died intestate. It is necessary and in the best interest of the Estate for the Court to detennine who are the heirs and the only heirs of Decedent. VI. Decedent was never legally ma11"ied.

No children were ever born to or adopted by Decedent. VII. The names and residences of the heirs of Decedent, each heit's relationship to Decedent, and each heir's true interest in the estate of Decedent are as follows: Heir and Residence Marital Status Relationship Interest Alice Powell Single/Widow Mother 112 interest in Decedent's (92 years old) real and personal property 219 Red Poppy Trail Georgetown, TX 78628 2 ·······------·-·-· , __________________ Heir and Residence Marital Status Relationship Interest Alice Huseman Mm'ried Sistct 1/6 interest in Decedent's (67 years old) real and personal property 223 Oleander Avenue Corpus Christi, TX 77019 James Powell Single Brother 116 interest in Decedent's (64 years old) rea) and personal property 715 West Avenue Austin, TX 78701 Bryan Powell Single Brother 1/6 interest in Decedent's (59 years old) real and personal property 219 Red Poppy Trail Georgetown, TX 78628 Alice Powell, Alice Huseman, James Powell, and Bryan Powell constitute the only heirs of Decedent's estate. Each such heir is an adult and is not under any legal disability. VIII. Each man-iage of Decedent has been listed in this Application, and this Application includes all of the infmmation required by Section 301.052 ofthe Texas Estates Code. IX.

The heirs of ·Decedent listed herein constitute all persons entitled to receive property of Decedent's estate, and none of such heirs is a minor or under any legal disability. Pursuant to the provisions of Section 401.003 of the Texas Estates Code, all of the heirs of the Estate (being all 3 - 1 • distributees of the Estate) hereby designate Applicants to serve as Independent Co-Administrators of the Estate, and hereby request that no action be had in any comt in the settlement of the Estate other than the return of an Inventory, Appraisement, and List of Claims of the Estate or an affidavit in lieu thereof. Each heir of the Estate joins in this Application. Fmther, as provided in Section 401.005 of the Texas Estates Code, each such heh· requests that the Court waive the requirement of bond and permit Applicants to serve without bond as Independent Co-Administrators of the Estate.

It is anticipated that each heir of the Estate that is not an applicant will join in this Application by vhtue of written agreement that will be filed in this cause. X. Applicants are qualified and are not disqualified by law from accepting Letters of Independent Administration. XI. It is in the best interest of the Estate and of the distributees of the Estate for the Coutt to enter an order appointing Applicants to serve as h1dependent Co-Administrators of the Es1ate without bond. WHEREFORE! Applicants pray that citation issue as required by law to all parties interested in the Estate in the manner and for the length of time required by law; that the Court detetmine and declare the names and residences of all the heirs of Decedent and their respective shares and interests in the Estate; that Applicants be appointed as Independent Co-Administrators and that no bond be required; that the Co-Administrators be granted the power to sell real property 4 without Court approval; and that Letters of Independent Administration be issued to Applicants. Applicants ptay further that such other and further orders be made as the Court may deem proper.

Respectfully submitted, OSBORNE, HELMAN, KNEBEL & DELEERY, L.L.P. 301 Congress Avenue, Suite 1910 Austin, Texas 78701 Telephone: (512) 542M2002 Telecopier: (512) 542-2011 By: /Ju$u,( MICHAEL B. KNISELY State Bar No. 24047367 mbknisely@ohkdlaw.com JASON S. SCOTT State Bar No. 24029228 j sscott@ohk:dlaw.com ATTORNEYS FOR APPLICANTS 5 - CIVIL CASE L~FORMA TION SHEET MAY ENTER CAUSE# / COURT # IF ALREADY ASSIGNEO (E.G., FAMILY MOTION 1 AMENDED PETITtON) CAUSE NuMBER (1-YJH CJ..b.'RX USI!: ONLY): CoURT (roR CLt.'R.K use ONLY):---------~ STRED _______________________________________________ ------------------------------------------- A civil case information sheet must be completed and submitted whe11 an original petition or application is tiled to initiate a new civil, family law, probate. or menta! health case or when a post-judgment petition for modification or motion for enlbrcement is filed in a family law case. The information should be the best available at the time of tiling. This sheet, approved by the Texns Judicial Council. is intended to collect information that will be used for statistical purposes only. It neither replaces nor supplements the filings or service of pleading or other documents as required by law or rule.

The sheet does not constitute a discovery request, response, or I . and it is not admtsstb S\IPPietnentatmn . . le at trial. ...... --· ....... --- ······· ............ ..... ............... . .. .. ... ... - .. ...... ~-·- ·- -· • Contact'infoa•malion for pc.-son ~ompleting case lnfm·matlon sheet: ~anaes of_pa1•ties in case: Pei'SGII or entity completing11beet is: Plaintiff(s)!Petitioner(s): ~ttorney for Plaintiff/Petitioner Name: Email: ~roSe Plaintiff/Petitioner James Powell Michael B. Knisely mbknisely@ ohkdl aw.com :=fitle lV-TJ Agency .._.bther: : ~ddress: Teleph011e: befendant(s)/Respondent(s): 301 Congress Ave., #1910 512-542-2000 Additional Parties in Child Support Case: The Estate of ~ity/State/Zip: Fax: Custodial Parent: Stella Marie Powell, Austin, TX 78701 512-542-2011 Deceased Non-Custodial Parent: ~ignatut·c: State Bar No: ~{QAj additional pag~ as uec~ss:uy to Jist ill! pncties] , Att3~h 24047367 Presumed Father: -··· -· ·-·-······-·· ···- ... - ... l. Indicate case type. or ideulify tbe most in1POI'tft~lt issue in the case (select o!l!.r.l)J____ ··-· ... .•.. -· QPTiON A: CK CASE TYPE__(EXCEPT OTHE~ FOR Cl~K TO SELECT SUIT TYPE_i SEE SEC. 3 NOTE BELOW Cilti/ “l Famii1'Law Post-judgment Actions Colltl'act ln\urv en· Damal!e Real P1•operty Marria~e Relationship (non-Title IV-D)_ '(Jebi/Collh'OCI ~:sault/B~ttery 0Eminent Domain! I t..JAnnulment b;JE:nforcement CJconsumer/DTPA [JJ:)~nstructaon Condemnation Doeclare Marriage Void 0Modificotion-Custody DnebVContract ef.amation 0Partition Dil'orce DModification-Other Uraud!Misrepresentation ~13:cticc CIQuiet Title Owith Children TitleiV-D D:lther Debt/Contract: ecounling Orrespass to TJY Title DNochildren QEnforcemenVModification OLegal Dother Property: Gaternity Foreclosure 0Medical DReciprocals (UIFSA) DHome Equity-Expedited D:lther Professional Dsupport Order rClother Foreclosure Liability: Rtlated to Criminal Mattea·s Other Family Law PR.-ent~Cbild R~latlonslaip ~!Franchise ;:: nsura.nce ~oto: Vehicle Accident bJExpunction UEnforce Foreign Judgment lJA.doption/Adoptiori with Termination ;:: Landlordffenant remases Dludgment Nisi Product Liability DNon-Disclosure DH:abeas Corpus Dchild Protection ;:: !Non-Competition Qgeizure/Forfeiture I DName Change [khild Support.. · · ;:: Partnership DAsbestos/Silica Cbther Product Liability Owrit of Habeas CorpusDProtective Order O:ustody or Visitation ,'- bther Contract: I .ist Product Pre-indictn1ent DRemoval ofDisabilities OJestational Parei\ting foPTIOt4 e; CK OTHER. & ENTER 3·~ETTER Cbthcr: of Minority CIGrandparentAccess SUIJ T'{PE FOR CLERK TO USE WHEN D:>tber Injury or Damage: Dol her; Orarentage!Patcrnity DOCK!liNG Drermitt~tion of Parental Em(lloymeut Other Civil Rights. L1other Parent-Child: Doiscrimination DA.dministrative Appeal Dr..awyer Discipline DR.eta1iation. DAntitrust/Unfair DPerpetuate Testimony Drermination Competition 01\ecuritics!Stock Oworkers' Compensation Ckode Violations Orortiou.~ Interf~rence Chther Employment: Tax DFm·eign Judgment Dlntell.~ctua~ P.ropertl CJother: --··- ·-----··. -====-L. Prohaie & Met~lal Hetlllll ”" ·-- ·,·. --····- : Qra.x Appraisal Probate/Willsllulestafe Admillisfi'Uiiou CJGuardianship--Adult Drax Delinquency DDependent Adntinistration D:iuardianship-Minor OotherTax IBJrndependent Administration OMental Healtl1 Chther Estate Proceedings,__ . -·- ~ther: ... -· 3.

Indi umc~.c on Dana 0GE82l!VOir, Count)• cMAR D.--2 _2015 ·'·'"'"',o_,-, L~~ M~ tJ~J~O~ ..-.-. States v. Salerno, 481 U.S. 739, 745, 107 S.Ct. 2095, 2100, 95 L.Ed.2d 697 (1987)). Instead, a party seeking to invalidate a statute must establish that every application of the statute violates the constitution.

Id. (citing Nootsie, Ltd v. Williamson Co. Appraisal Dist.J 925 S.W.2d 659, 663 (Tex.1996)). 2.23 In DeLeon, the Cmui found that Texas law denied the Plaintiffs' access to the institution of marriage and its numerous lights, privileges and responsibilities in violation of their equal protection and due process rights. De Leon v.

Perry, 975 F.Supp.2d at 666. Conceivably, however, Texas law could be changed to allow all citizens, including same-sex couples, the right to many and yet not afford Contestant the relief she seeks. 2.24 There are only a small number of states that currently recognize conunon law or informal matTiages, and there is a great deal of val'iation in those states' laws tegarding such marriages. For example} in Colorado, common law matTiages are only recognized if they were established on or after September 1, 2006. See Colo.

Stat. §14~2-109.5. In Pennsylvania, on the other hand, no common law marriage putatively entered into after January 1, 2005 is recognized, but such mm1iages entered into prior to that date are considered valid. See Pa. Cons.

Stat. Ann. tit. 23, § 1103. Texas law could be changed to address all of the alleged Constitutional infringements resulting from Texas' ban on gay maniageincluding, for example, allowing infonnal same-sex common law tnatTiage prospectivelywithout recognizing retrospective relief in this context. 11 III. Conclusion 3.1 For the l'easons discussed above, Applicants assett that their Special Exceptions should be granted. WHEREFORE, Applicants pray that the CoUt1: sustain their special exceptions and ordet· Sonemaly Phrasavath to replead and cure her pleading defects; if Sonemaly Phrasavath does not cure those defects in the allotted time, strike those defective portions of her pleading and dismiss her counter-application and contest; and that it grant such other and further relief to which the Applicants have shown themselves entitled.

Respectfully submitted, OSBORNE, HELMAN, KNEBEL & SCOTT, L.L.P. 301 Congress Avenue, Suite 1910 Austin, Texas 78701 Telephone: (512) 542-2002 Telecopier: (512) 542-2011 By: [;/I1A-t J5 ~ MICHAEL B. KNlLY State Bar No. 24047367 mbknisely@ohkslaw.com JASON S. SCOTT State Bar No. 24029228 j sscott@ohkslaw.com ATTORNEYS FOR APPLICANTS 12 .. - CERTIFICATE OF SERVICE I certify that a true copy ofthe foregoing has this 17th day of February, 2014, been sent to the followh1g: Craig Hopper Via Facsimile BrianT. Thompson Hopper Mikeska, PLLC 400 W. 15t11 Street~ Suite 408 Austin, Texas 78701 (512) 615"6194 (fax) Counsel for Sonemaly Phrasavath Lorin Hayes Via Facsimile The Law Offices of Douglas A. Booth, P. C. 3801 South Capital of Texas Highway, Suite 255 Austin, TX 78704 (512) 478-4926 Attorney ad litem John Crane Via facsimile Law Offices of John A. Crane, P.L.L.C. 4425 MoPac South Building II, Suite 204 Austin, Texas 78735 Temporary Administrator Michael B.

Knisely 13 Michael B. Knisely From: Dower, Benjamin Sent: Thursday, January 29, 2015 5:48PM To: Brian Thompson Cc: const_claims; Michael B. Knisely; emily.meisgeier@co.travis.tx.us Subject: RE: Notiee of Hearing While ualt'-S" is my keyboard shortcut for§ in Microsoft Word, apparently in Microsoft Outlook It just sends your email. lesson learned. If you'll just disregard the prior email1 which was sent before It was finished (hence the lack of signature), this is the complete message: RE: Sta.te of Stella Marie Powell, Deceased, Cause No. C-1-PB~l4~001695, In Probate Court Number 1, Travis County, TE!X~S Dear Brian Thompson. .

Thank y:au for providing the Office of the Attorney General of Texas with notice regarding the constitutional challenge to T~xas Family Code§ 2.401, Texas Family Code§ 6.204(b).. and Article I,§ 32 of the Texas Constitution in the above-styled case. At this time, the Office of the Attorney General of Texas has decided not to seek direct involvement in this case. This dec;ision should not be construed, in any way, as a negative comment on the Constitutional viability of the statutes at issue. Although the Office of the Attorney General of Texas has decided not to intervene at the present time~ we respectfully ask that-if there is a ruHng on the constitutionality of the statutes in question and that ruling is appealed-you please send the relevant notice and subsequent pleadings to this office.

Similarly, if the party bringing the constitutional challenge later amends that challenge or any party adds a new constitutional challenge, please send those pleadings to this office. We appreciate your ongoing assistance. Yours with respect, Benjamin L. Dower Assistant Attorney General General Litigation Division P.O.

Box 12548, Capitol Station Austin, Texas 78711-2548 512.475.4078 (direct) 512.320.0667 (fax) ben jam i n.dower@texasattorneygenera l.gov ATTORNEV~CLIENT PRIVILEGED: This is a confidential communication and Intended for the addresse.e(s) only. Any unauthorized interception or disclosure of this transmission is prohibited. If you are not the intended recipient of this message, please notify the sender and destroy this and all copies of this communication. Thank you.

From: Dower, Benjamin Sent: Thursday~ January 29, 2015 5:32PM To: 'Brian Thompson' Cc: const_claims; Michael B. Knisely; emily.meisgeier@co.travis.tx.us Subject: RE: Notice of Hearing Dear Mr. Thompson, Thank you for providing the Office of the Attorney General of Texas with notice regarding the constitutional challenge to Texas family Code in the above-styled case. At this time, the Office of the Attorney General of Texas has decided not to seek direct involvement in this case.

This decision should not be construed, in any way, as a negative comment on the Constitl,ltional viability of the statutes at issue. Although the Office of the Attorney General of Texas has decided not to intervene at the present time, we respectfully ask that-if there is a ruling on the constitutionality of the statutes in question and that ruling is appealed-you please send the relevant notice and subsequent pleadings to this office. Similarly, if the party bringing the constitutional challenge later amends that challenge or any party adds a new constitutional challenge, please send those pleadings to this office. We appreciate your ongoing assistance.

From: Brian Thompson [mailto:bthompson@hoppermikeska.com} Sent: Friday, January 23 1 2015 2:16 PM To: Dower, Benjamin Cc: const_claims; Michael B. Kniselyi emily.meisgeier@co.travis.tx.us Subject: Notice of Hearing Benjamin: Judge Herman has instructed me to give you the attached notice of hearing. Sincerely, Bri·an Thompson (512}615-61951 Fax (512.) 610-1306 HOPPER MIKESKA, PLLC 400 West 15th Street, Suite 408 Austin, Texas 78701 bthompson @hoppermikeska.com NOTICE: Tt1ts email contains information that is confidsntfal, proprietary, privileged, or otherwise legally protected from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy, or disseminate this email or any part of it.

If you received this email in error, please immediately notify the sender by reply email, and delete all copies of this email and any attachm(fnts. IRS CIRCULAR 230 NOTICE: If any part of this email or ~my attachment constitutes written advice addressing a federal ta)( lsstle, it was not intended or wrltten (by either the sender or this law firm) to be used, and it cannot be used, by a taxpayer for the purpose of avoiding any penalty that may be imposed on a taxpayer under U.S. tax law. If any person uses or refers to any such advice contaln~clln any part ofthis email or any attachment in promoting, marketing or recommending to any taxpayel' a partnershiP or other entity, investment plan, or arrangement, then the advfce should be considered to have been written to support the promotion or marketing by a person other than the sender or this taw firm, and the taxpayer should seek advice from an independent tax advisor based on the taKpayer's particular circumstances. 2 ·- 12/31/2012 02:26:14pm 81 (Official Form 1) (12/11) United States Bankruptcy Court WESTERN DISTRICT OF TEXAS Voluntary Petition AUSTIN DIVISION N~;~meof Debtor {lfindlvidUi:!l, «.... “'·' :.; ··. :·::.·· ....... ·:· ·.·;: .: .h. ·i....• ,., ............ : ... ·~·& . · .· ..... · ····.:,.··.::... ·.” ,.. ,. . ·.,::: ,.,,,. .,,.,..... (ft¥U."'~fJiet4MUjy every ind1\tidual debtor. 'lfa joinfpetiliOtHs~,. eadlsrxwae must tmrljllettnmd at~· a separate Exhibit' b.) fil Exhibit 0, completed and signed by the debtor. is attached and made a part of this petition. tf this Is a joint petition: 0 Exhibit 0, also completed and signed by the joint debtor, is attached and made a part of this petition. Information Regarding the Debtor -Venue (Check any applicable box.) 21 Debtor has been domiciled or has had a residence, principal place of business, or principal assets In this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than In any other District. 0 There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. 0 Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal pia~ of business or assetS in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought In this District. Certification by a Debtor Who Restdes as a Tenant of Residential Property (Check all applicable boxes.) 0 Landlord ha$ a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord} 0 Debtor claims that under applicable non bankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possessic:m was entered, and 0 Debtor has included with this petition the deposit with the court of any rent that would become due during the 3Q...day period after the filing of the pet'ltlon. 0 Debtor certifies that helshe has served the Landlord with this certification. (11 U.S.C. § 362{1)), 12131/2012 02:26:14pm 81 (Official Form 1) {12/11) Page3 Voluntary Petition Name of Debtor(s): Stella M.

Powell (This page must be completed and filed in every case) Signatures Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative l declare under penalty of perjury that the Information provided in this petition Is I declare under penalty of pe!jwy that the inforrnaUon provided io this petition is true true end correot. and correct, that I am the foreign representative of a debtor in a foreign proceeding, [If petitioner is a!) individual whose debts are primarily consumer debts and has and that I am authoriZed to file this petition. chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11 , 12 or 13 of title 11, United States Code, understand the relief available under (Check only one box.) each sUCh chapter, ar'ld chOOSe·to pnx:eed undercnapter7. [If no attomev represents me and no bankruptcy petition preparer signs the 0 I request relief in accordance with chapter 15 of title 11, United Slates Code. ~J I have ~taloed and read the notice required by 11 u.s.c. § 342(b). Gertif~ed copies of the documents required by 11 U.S.C. § 1515 rue attached. ! request relief In accordance with the chapter of title 11, United States Code, specified in this petition. 0 Pursuant to 11 U.S.C. § 1511,! request relief in accordance with \he·chapterof title 11 specified in this petition. A certified copy of the order granting fe' petition preparer Is not Printed Name of Authorized Individual an individual. Title of Authorized Individual lf more than one parson prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer's f&ilute to comply with the provisions of title 11 Date and the Federal Rules of Bankruptcy Procedure may result in fines or !mprisonmentorbo!h. 11 U.S.C. § 110; tBU.S.C. § 156. ·-. 12/3112012 02:26:14pm B 10 (Official Form 1, Exhibit D) {12109) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: Stella M. Powell Case No. (if known) Debtor(s) ;,;&»HJBrf'b'-JNDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH .. . . . CREDIT COUNSELING REQUIREMENT 'Warnlng: You must be able to Check truthfully one of the five statements regarding credit counseling listed below.

If you cannot do &o, you are not eltgible to flle a bankruptcy case, and the court can dismiss any case you do file. Jf that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors' collection activities. Every indMduaf debtor must file this Exhibit D. ff a joint petition is filed, each spouse must complete and file a separate Exhibit D.

Check one of the five statements below and attach any documents as directed. ~ 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy·of any debt repayment plan developed through the agency. 0 2. Within the 180 days before the fillng of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit couseling and assisted me In per:tormlng a r-elated budget analysis. but I do not have a certificate from the agency describing the services provid~d to me.

You m11st fit~ a copy of a certificate from the agency describing the seTVices provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. 0 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request. and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case ~ow. [Summarize exigent circumstances here.] If your certification is satisfactory to the court, you must still obtaln the credit counseling briefing within the first 30 days after you file your ~ankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and Is limited to a maximum of 15 days.

Your case may also be dismissed if the court Is not satisfied with your reasons for fUing your bankruptcy case without first receiving a credit counseling briefing. M~ liMON - 12/31/2012 02:26:14pm a 10 {Official Form 1, Exhibit D) {12109) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re; Stella M. Powell Case No. (if known) Oebtor(s) EXHIBIT 0 .. JNDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Continuation Sheet No. 1 0 4. Jam not required to receive a credit counseling briefing because of: [Check the applicable statement.] [Must be accompanied by a motion for determination by the court.] 0 Incapacity. (Defined in 11 U.S.C. § 109(h}(4) as Impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financlal responsibilites.); 0 Disability. (Defined In 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable .effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.); D Active military duty in a military combat zone. 0 5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. § 109(h) does not apply in this district. I certify under penalty of perjury that the information provided above Is true and correct.

Signature of Debtor. lsi Stella M. Powell Stella M. Powell Date: 12/3112012 ~~~~ M~ liMOI~ -~----------------·-···-··-·--·- ......... . 12131/2012 02:26:14pm UNITED STATES BANKRUPTCY COURT WESTERN DlSTRICT OF TEXAS AUSTIN DIVISION IN RE: Stella M. Powell CASE NO CHAPTER 13 VERIFICATION OF CREDITOR MATRIX The above named Debtor hereby verifies that the attached list of creditors is true and correct to the best of his/her knowledge.

Date 12131/2012 Signature /s/ Stella M. Powell Stella M. Powell Date------------- Signature _ _~----~----------- -· 12/3112012 02:26:14pm Capital One Bank USA NA PO Box 30281 Salt Lake City, UT 84130 Citi/CBNA PO Box6497 Sioux Falls~ SD 4 3224 Citicards 701 E. 6th Street N Sioux Falls, SD 57104 H.SBC Mortgage Services PO Box 60139 City of Industry~ CA 91716 Hughes, Watters & Askanase, L.L.P. Three Allen Center 333 Clay, 29th Floor Houston, 1X 77002 Internal Revenue Service P. 0.

Box 7346 Philadelphia~ P A 19101 7346 M Law Offices of Douglas J. Powell, P.C. 820 W. lOth Street Austin, TX 78701 Travis County Tax Collections .Attn: Tina Morton 1010 Lavaca Austin) TX 78701 ·- B6A (Official Form SA) (12/07) ln re Stella M. Powell Case No . ..;.;12~-..;.;12;;.;.;8;....:4~2----­ (ifknown) SCHEDULE A - REAL PROPERTY .r CU.rre-nt Value .s of Debtor"s Description and Nature of Debtor's ~~ lo•rest.in Location of Interest fn Property :!§ Property, Without Amount Of Property ::e .. -og Deducting Any Se-cured Claim io Secured Claim so .D ... :X:: or Exemption Homestead Fee simple - $589,702.00 $564,200.00 Single family dwelling located at 607 W. 32nd Street Austin, Texas 78705 Lot 8 *& E11.5FT Lot 7 Blk 11 Olt 75-76 Div D Gypsy Grove Value per Travis .central Appraisal District Property is to be sold Condominium Fee simple - $260,000,00 $0.00 3601 Turtle Creek Blvd. Dallas TX 75219 Value shown is the Dallas Co.

Tax appraisal value· Property is rented. ('J)U!'~“·j C\f:'”\ 'T"'a\~S Cr. l.n'!ty, .I t~G:;;!!aDeBe 1ti\IOl ~t\:Jt11 tl1at ~t~isis a tru~ ar d TeY.as, do M· el:lyo coFecl (:0\'>Y ~SSBl 18 ~i'p;;.ears o1 record i~ .ana and seal o·i office on lifTJ 2 Z015 oam DeBeauvoir, Coun\.1C' em ... .' ByD eputy: -.:.::...-. Total: $8'49,702.00 (Report also on Summary of Schedules) ....... \)\j\0&ufv'\~ d LIMON - B6B (Official Form 6B) (12/07) In re Stella M. Powell Case No. _12...-_12_8_4_2_ _ _ _ __ {if known) SCHEDULE B .. PERSONAL PROPERTY ...:t c:: Current Value of ~~ Debtors interest tJS''c in Property, · .d) c: ~e ~E WHhout Deducting · Type of Property Description and Location of Property any Secured ·· z0 -oo ~() .0'- Claim or Cl)0 ::1 Exemption ::c. 1.

Cash on hand. Cash on hand - $100.00 .2. Checking, savings or other flnanChase ~ $23.492.00 cial accounts, certificates of deposit savings acct: xxxx3904 or shares in banks, savings and loan, thrift. building and loan, -and home~ Chase - $9,600.00 stead associations, or credit unions, checking acct: xxxxx1892 brokerage houses, or cooperatives. Chase - $12,000.00 checking acct: xxx1011 UFCU - $34,823.85 Savings; $182.50 Money Market: $31,115.84 Checking: $3,424.39 3.

Security deposits with public util~ X itles, telephone companies, landlords, and others. 4. Household goods and furnishings, Sofa - $300.00 including audio, video and computer equipment. Sectinal sofa ~ $4oO.OO Love seat ~ $150.00 1 Side chairs - $200.00 Color TV - $35.00 41amps - $100.00 Computer - $100.00 Stove - $500.00 !'"':""''“' l'• G . .-:t” 110ir C.I)L;f'~':/ r,:f'"'(, ; ~VI~ ;OUillWi B6B (Official Form 68) (12/07) -M Cont. In re Stella M.

Powell Case No. """“12'-~-'-12:;..;..8-'4-'2_ _ _ _ __ (if known) SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 1 c: ·c;. Current Vatu.e of , ...~ Debtor's Interest .!!!§ in Property, Q) c ~E Without DeduCting Type of Property .0 Description and location of Property ·E any Secured :z. 'Oo co !~ Claim or 00 ::'l EX'emption l: Refrigerator k $500.00 Dishwasher - $100.00 Microwave oven M $30.00 Small appliances ~ $50.00 Pots & pans - $100.00 Dishes & glassware - $70.00 Flatware ~ $40.00 Sterling ware ~ $500.00 Crystal - $500.00 Table & chairs - $1,000.00 China cabinet - $500.00 Buffet - $500.00 Bed - $70.00 Dresser - $500.00 Chest - $350.00 2 Night stands - $250.00 21amps - $30.00 2 small tables - $30.00 Oress.er - $400.00 ~'”“-,..,”'f'?.-,P':t“';'>' r lf'”“-j •”' ~ ... '“'-..., ·. :jl>';: .... ...., ii.,...t~1 ~”'JI'I 868 (Official Form 68) (12/07) ~-Cont. In re Stella M. Powell Case No. ...:.12::..·..;.1::..28:.:_:4:...:;2~----­ (ifknown) SCHEDULE B .. PERSONAL PROPERTY Continuation Sheet No. 2 E Current Value of :g~ Debtor's Interest 4)•'.2 in Property, (!) c ~~ RE Without Deducting Type of Property Description and Location of Property z0 "'o fijo any Secured .0'- Claim or tl)0 ::I Exemption :::r: Lamp - $100.00 Washer & dryer - $300.00 Garden tools - $20.00 Electric tools - $20.00 Lawn mower - $50.00 5.

Book;-;; pictures and other art books - $400.00 objects; antiques; stamp, coin, record, tape, compact disc, and other Decorative items, pictures, etc. - $500.00 collections or collectibles. 6. Wearing apparel. Clothing, shoes & accessories - $700.00 7. FuT$ and jewelry. 2 watches - $200.00 Chains - $1,0QO.OO Rings ~ $2,000.00 8'.

Fireanns and sports, photoX graphic, and other hobby equipment. 9. lntere·sts in insurance policies. New York Life - $0.00 Name insurance company of each polciy policy and itemize surrender or acquired July, 2010 value $100,000 refund value of each. Life insurance provided via Fros Design - $0.00 Unum Core Lif I AD&D Plan acquired 6121112 Value: 150,000 868 (Official Form 68) (12/07} --Cont. In re Stella M.

Powell CaseNo. _12_·_1_28_4_2_____________ (if known) SCHEDULE B -PERSONAL PROPERTY Continuation Sheet No. 3 ...; c: Current Value of ~~ Debtors tnterest .~f2 In Property, CD c: ~~ Without Deducting Type of Property 0 Description and Location of Property -oo -E any Secured z ~() .0'- (/)0 Claim or :::s Exemption :::c 10. Annuities. Itemize and name John Hancock Venture in Morgan Stanley acct . $151 ,249.00 each issuer. policy # xxxx5825 11, Interests in an education IRA as X defined in 26 U.S.C. § 530(b)(1) or under a qualified State tuition plan as defined in 26 U.S.C. § 529(b)(1 ). ,Give particulars. (File separately the record(s) of any such interest(s). 11 U.S.C. § 521 (c).) 12. Interests in IRA. ERLSA, Keogh, Morgan Stanley ~ $14,060.99 or other pension or profit sharing IRA rollover plans.

Give particulars. 401K w $69,000.00 Confluence Devetopment Group John Hancock 13. Stock and interests in incorpoSkyFiber, tnc. 30,000 shares - $0.00 rated and unincorporated businesses. Stock has no value at 1his time. Itemize.

Company is still doing business, but is not making any money. Moler lnternaltional - $0.00 6,000 shares -- no value 14. tnterests in partnerships or joint X ventures. Itemize. 15. Government and corporate bonds X and other negotiable and nonnegotiable instruments. 16.

Accounts receivable. X ·- ..... .... ,...,,.,,.~, ,._ .lie:. f~r: until. T. JZli81Jii::le,e,-;v~u• 1 ' ~:'.:“·'.' ', ,'~~- i , :. ; 2 2015 ·- 868 {Official Form 68) ('12/07) --Cont. In re Stella M. Powell Case No. 12-12842 ------------------ (if known) SCHEDULE B .. PERSONAL PROPERTY Continuation Sheet No. 4 .:-· c Current Value of '(5 -,;e. Debtor's Interest t~.i”'C:: In Property, Q) ~:l ·E Without Deducting c Type of Property 0 Description and Location of Property ~e z -oo any Secured ~(.)

Claim or ..0'- u;O :::;J Exemption :c 17. Alimony, maintenance, support, X and property settlements to which the debtor is or may be entitled. Give particulars. 18. Other liquidated debts owed to X debtor including tax refunds.

Give particulars. 19. Equitable or future interests, life X estates, and rights or powers exercis· able for the benefit of the debtor other than those listed in Schedule A - Real Property. 20. Contingentand noncontingent X interests in estate of a decedent, death benefit plan, life insurance policy, or trust. 21. Other contingent and unliquiClaim against insurance company for damage to the roof. . $0.00 dated claims of every nature. HSBC Insurance roof check including tax refunds, counterclaims Money has escheated to the State at this time and Debtor of the debtor, and rights to setoff is working on getting it back and sending it to the insurance claims.

Give estimated value of each. company. 22. Patents, copyrights, and other X inteltectu~.l property. Give particulars. 23. Licenses, franchises, and other X general intangibles.

Give particulars. ,.., '“' ~·nrf\ir l”',otW~V Ch~r-1(, “fi.WlS ( :o~nt) 1~ L;G.na u~'-''f!J”' · · • '~'trht t+1ai tl1\S ~s l2! u IJ'? "'"'- BBB (Official Form 68} (12/07) ~~Cont. In re Stella M. Powell Case No. 12-12842 ------------------ (lfknown) SCHEDULE B • PERSONAL PROPERTY Continuation Sheet No. 5 :g Current Value of ~~ Debtor's Interest ~ § in Property, ~E Without Deducting Typ~ of Property Description and Location of Property -o § any Secured j~ .Claimor ~0 Exemption J.: 24. Customer lists or other compilations X containing personally identifiable information (as defined In 11 U.S.C. § 101(41A)) provided to the debtor by Individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. 25.

Automobiles, trucks, trailers, 2005 Volkswagen Passat $6,000.00 and other vehicles and accessories. 75,000 miles 1995 lntiniti 045 (not running) $1,500.00 26, Boats~ motors, and accessories. X 27. Aircraft and accessories. X 28. Office equipment, furnishings, Desk - $100.00 and supplies. Bookcase cabinet - $500.00 Computer desk - $50.00 File cabinet - $100.00 Computer & monitor - $150.00 Power supplies - $20.00 29.

Machinery, fixtures, equjpment* X and supplies used in business. 30.1nventory. X -. 868 (Official Form 68) (12107) --Cont. In re Stella M. Powell Case No. ...:..12::..~...:..1::..28;::...4:.;;.:2:...--_ _ _ __ (if known) SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 6 ·ai Current Value of Debtor's Interest :~ .s!§ in Property, $ c S:E ~E W~hout Deducting Type of Property 0 Description and Location of Property -co any Secured z §u .0'- Claim or cno Exemption :::J J: 31 . Animals. 3 dogs & 1 cat - $4.00 32.

Cropsgrowing or harvested. X Glve particulars. 33. Farming equipment and X implements. 34. Farm supplies, chemicals, and X feed. 35. Other personal property of any X kind not already listed.

Itemize. ~oun~ r. D::.::~z Ge?~;:;:;•mlr, Cnur~l 81~"'.~ By Dep uty·. tfl~ 6 continuation sheets attached Total > _}335,344~8~ (Include amounts from any continuation sheets attached. Report total also on Summary of Schedules.) \J\}\U2M.MNJ ·-· ............. BSC (Official Form 6C} (4/10) In re Stella M. Powell Case No. . .:;.12=·. . .:.12=8;:;. .:4=2_ _ _ _ __ {If known) SCHEDULE C .. PROPERTY CLAIMED AS EXEMPT Debtor claims the exemptions to which debtor is entitled under: 0 Check if debtor ctaims a homestead exemption that exceeds (Check one box} $146,450,* D 11 u.s. c. § s22(b)(2) ltJ 11 u.s.c. § 522(b)(3) Current Value of J)roperty Specify Law Providing Each Value of Claimed · · ··Description of Property Without Deducting Exemption Exemption Exemption Homestead Const. art. 16 §§50, 51, Texas Prop. $25,502.00 $589,702.00 Single family dwelling located at Code §§ 41.001-.002 607 W. 32nd Street AUstin, Texas 78705 lot 8 *& E11.5FT Lot 1 Blk 11 Olt 75-76 Div D Gypsy Grove Value per Travis Centrat Appraisal District Property· is to be sold Sofa Tex. Prop.

Code §§ 42.001 (a)., 42.002 $300.00 $300,00 (a)(1) Sectinal sofa Tex. Prop. Code§§ 42.001(a), 42.002 $400.00 $400.00 (a){1) Love seat Tex. Prop.

Code§§ 42.001 (a), 42.002 $150.00 $150.00 (a)(1) 1 Side chairs Tex. Prop. Code§§ 42.001 (a), 42.002 $200.00 $200.00 (a}(1) Color TV Tex. Prop.

Code§§ 42.001 (a), 42.002 $35.00 $35.00 (a)(1) 4lamps Tex. Prop. Code§§ 42.001 (a), 42.002 $100.00 $100.00 (a)(1) * Al'nOUJ'I:t subject to adjustment on ·411113 and e.vel)' three years thereafter with respect to casCx.x4975 NATURE OF LIEN: Arrearage claim HSBC Mortgage Services COLLATERAL: Homestead $50.000.00 POBox60139 City of Industry, CA 91716 - REMARKS: VALUE: $589,702.00 DATE INCURRED: ACCT #: xxxxxx4983 NA'l'tJRE OF UEN; Sec;ond Lien Deed of Trust HSBC Mortgage Services COLLATERAL: homestead $95,000.00 PO Box60139 - REMARKS: City of Industry. CA 91716 VALUE: $589,702.00 Subtotal (Total of this Page}> $544,200.00 $0.00 Total (Use only on last page):> _ _ _:.__ _continuation she~ attached (Report also on (If applicable, Summary of report also on Schedules.) Statistical Summary of Certain Liabilities and Related Data.) ·- 860 (Official Form 60) (12/07) - Cont.

In re Stella M. Powell Case No. _1..:.;;;2-_1_26..:.;;;4_2-----:-~---:----­ (if known) SCHEDULE D -CREDITORS HOLDING SECURED CLAIMS CREDtTOR'S NAME AND !i DATE CLAIM WAS AMOUNT OF UNSECURED MAILING ADDRESS INCVRRED, NATURE a CLAIM PORTION, IF ~ Q~ ~ wo t(UJ ANY INCLUDING ZIP CODE AND ~ H!§ OF l,fEN, AND ~ Q~ z =>a.. WITHOUT AN ACCOUNT NUMBER ffi ~~ DESCRIPTION AND DEDUCTING (See lristructtons Above.) o rio 0 Z $'20,000.00 to Schedule of Creditors Holding Secured Claims Total (Use only on last page)> $564,200.00 $0.00 (Report also on {If apphcable, Summary of report also on Schedules.) Statistical summary of Certain Liabilities and Related Data.) B6E (Official Form 6E} (04/10) In re Stella M. Powell Case No. 12-12842 (If Known} SCHEDULE E -CREDITORS HOLDING UNSECURED PRIORITY CLAIMS 0 Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E. TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets.) D Domestic Support Obligations Claims for domestic support that are owed to or recoverable by a spouse. former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11 U.S.c. § 507{a)(1). D Extensions of credit in an involuntary case Claims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee· ot the order for relief. 11 U.S.C. § 507(a)(3). 0 Wages, salaries, and commissions Wag~, salaries, and commissions, incll,Jding vac~tion, severance, and sick leave pay oWing to employees and commissions owing to qualifying independent sales representatives up to $11,72~"' per person earned within 180 days immediately preceding the fHing of the original petition, or toe cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(4). D Contributions to employee benefit plans Money owed to employee benefit ptans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a){5). 0 Certain farmers and fishermen Claims of certain farmers and fishermen, up to $5, 775* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507{a)(6)- D Deposits by individuals Claims of individuals up to $2,600'* for deposits for the purchase, lease or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 u.s.c. § 507(a)(7). ~ Taxes and Certain Other Debts Owed to Governmental Units Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 U.S.C. § 507{a)(8). 0 Commitments to Maintain the Capital of an Insured Depository Institution Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of Governors o.f the Federal Reserve System, or their predecessors or successor$, to maintain the capital of an insured depository institution. 11 U.S.C. § 507(a)(9). 0 ClaJms for Death or Personal Injury While Debtor Was Intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel While the debtor was intol attached to Schedule of Creditors Holding Priority Claims Total > (U$e onJy on last page of the completed Schedule E.

Report also on the Summary of Schedules.) Totals> (Use only on last page of the completed Schedule E. If appUcable, report also on the Statistical Summary of Certain Uabilitles and Related Data.} B6E (Official Form 6E) (04110)- Cont. In re Stella M.

Powell Case No. 12-12842 (If Known) SCHEDULE E .. CREDITORS HOLDING UNSECURED PRIORITY CLAIMS ITYPE OF PRtoRrrv IAdministrative allowances I CREDITOR'S NAME, DATE CLA~M WAS INCURRED AMOUNT AMOUNT AMOUNT MAILING ADDRESS AND CONSIOER:AT!ON FOR OF ENTITLED TO NOT INCLUDING ZIP CODE, ClAIM CLAIM PRIORITY ENTITLED TO AND ACCOUNT NUMBER PRIORITY, u:: (See Instructions above.) ANY DATE INCURRED: 2128/2012 CONSIDERATION: Law Offices of Douglas J. Powell, P.C. ,... ..,'"'"'"v Fees $2,281.00 $2,281.00 $0.00 820 w. 1oth Street Austin, TX 78701 Sheet no. 2 of 2 continuation sheets attached to Schedule of Creditors Holding Priority Claims Total> (Use onty on last page of the completed Schedule E. Report also on the Summary of Schedules.) Totals> (Us& only on la$t page of the completed Schedule E.

If apptleable, report also on the Statistical Summary of Certain liabilities and Related Data.) B6F (Official Form 6F) (12/07) In re St&lla M. Powell Case No. _1..;...2_·1~28~4_2_--:--------­ (ifknown) SCHEDULE F -CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS 0 Check this box if debtor has no creditors holding 1,msecured claims to report on thiS Schedule F. CREDITOR'S NAME, z~ DATE CLAIM WAS AMOUNT OF MAILING ADDRESS Qj: 0:: INCURRED AND !Z@ D CLAIM w~ INCLUDiNG ZIP COPE~ ~·It~ CONSIDERATION FOR '$8,999.00 Total> $8,999.00 (Use only on last page of the compteted Schedule F.) No continuation sheets attached (Report also on Summary of Schedules and, If applicable, on the Statistical Summary of Certain Liablllties and Related Data.) .~._ B6G (Official Form 60) (12/07) In re Stella M. Powell Case No. _12;;...·-;;;1;-;-28_4_2___,.----- (ifknown) SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES Describe all executory contracts of any nature and all unexpired leases of real or personal property.

Include any timeshare interests. State nature of debto~s interest in contract, i.e., ..Purchaser.'' "Agent,'' etc. State whether de~tor is the lessor or lessee of a lease. Provide the names and complete mailing addresses of all other parties to each tease or contract described.

If a minor child is a party to one of the leases of contracts, state the child's initials and the name and address of the child's parent or guardian, such as “A.B., a minor child, by John Doe, guardian.” Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P.1007(m). 0 Check this box if debtor has no executory contracts or unexpired leases. DESCRIPTION OF CONTRACT OR LEASE AND NATURE OF DEBTOR'S INTI.=, REST. STATE WHETHER LEASE tS FOR NONRESIDENTIAL REAL NAME AND Mi',lUNG ADDRESS, INCLUDING ZIP CODE, PROPERTY. STATE CONTRACT NUMBER OF ANY GOVERNMENT OF OTHER PARTIES TO LEASE OR CONTRACT. CONTRACT.

Carroll &. Elizabeth Huntress Debtor is Lessor 3601 Turtle Creed Blvd. Residential lease Dallas, TX 75219 Contract to be ASSUMED B6H (Official Form 6H) (12/07) In re Stella M. Powell Case No. 12·12842 -------------------- (ifknown) SCHEDULE H -CO DEBTORS Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts Hsted by the debtor in the schedules of creditors.

Include all guarantors and co-signers. If the debtor resides or resided in a community property state, common\oVE!alth, or territofY (including Alaska, Arizona, California, Idaho. Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within the eightyear period immediately preceding the commencement of the case, identify the name of the debto(s spouse and of any former spouse who resides or resided wUh the debtor in the communily property state, commonwealth, or territory. Include all names u&ed by the nondebtor spouse during the eight years immedi~tely preceding the commencement of this case, If a minor child is a codebtor or a creditor, state the child's initlals and the name and address of the child's parent or guardian, such as “A.B., a .minor child, by John Doe, guardian.”

Do nof disclose the child's name. See, 11 U.S. C. §112 and Fed. R. Bankr. P. 1007(m}. ltJ Check this box if debtor has no codebtors. NAME AND ADDRESS OF CODEBTOR NAME AND ADDRESS OF CREDITOR 2015 V\J~~ ~ LU\f!ON ,- 961 (Official Form 61) (12107) In re Stella M. Powell Case No. 12-12842 (if known) SCHEDULE I .. CURRENT INCOME OF INDIVIDUAL DEBTOR(S) The column labeled “Spouse” must be completed in all cases filed by joint debtors and by eveiY matried debtor, whether or not a joint petition is filed, unfess the spouses are separated and a joint petition is not filed.

Do not state the name of any minor child. The average monthly income calculated on this form may differ from the current monthly income calculated on Form 22A, 228, or 22C. ~~(Si.,;. :_.,_.· Relationship{s}: Dependents of Debtor and Spouse Age{s): Relatlonshlp(s): Age(s): Employment: Debtor Spouse Occupation Business Development Name of Employer Frog Design How Long Employed 8 months Address of Employer 660 Third Street 4th Fl, San Francisco, CA 941 07 fNCOME: (Estimate of average or projected monthly income at time case filed) DEBTOR SPOUSE 1. Mnthly gross wages, salary, and commissions (Prorate if not paid monthly) $12,500.00 2. Estimate monthly overtime $0.00 3. SUBTOTAL $12,5QO.OO 4. LESS PAYROLL DEDUCTIONS a.

Payroll taxes (includes social security tax if b. is zero) $2,645.32 b. Social Security Tax $525.96 c. Medicare $181.58 d. Insurance $0.00 e.

Union dues $0.00 f. Retirement __.;..40=-1.,..._K.;__._ _ _ _ _ _ _ _ _ _ _ _ _ __ $375.00 g. Other (Specify) -J;;.pa~r.;.;;ki.:..:.lng~--------------- $160.74 h. Other (Specify) _::::U::..:fe:...;;l:..:.:ns:.;:u:;..::;ra:;.;n~ce=---------------- $74.56 i.

Other (Specify) ~lo;;;...n-'rjg_term...;..;....;....,;;d,:.;.is_.- - - - - - - - - - - - - $29.38 j. Other (Specify) $0.00 k. Other (Specify} -------------~--- $0.00 5. SUBTOTAl OF PAYROLL DEDUCTIONS $3,992.54 6. 7.. TOTAL NET MONTHLY TAKE HOME PAY Regular income from operation of business or profession or farm {Attach detailed stmt} I $8J507.46 $1,000.00 8. lncome from real property $2,200.00 9. Interest and dividends $0.00 10.

Alimony, maintenance or support payments payable to the debtor for the debtor's use or $0.00 that of dependents listed above 11. SociaJ security or government assistance {Specify): $0.00 12. Pension or retirement income $0.00 13. Other monthly income (Specify): $0.00 a~-----------------------------------------------------­ $0.00 b.~-----------------------------------------------------­ $0.00 c,~----~------------------------------------------------- 14. SUBTOTAL OF LINES 7 THROUGH 13 $3,200.00 15. AVERAGE MONTHLY INCOME (Add amounts shown on lines 6 and 14) $11,707.46 .. 16. COMBINED AVERAGE MONTHLY INCOME: {Combine column totals from line 15) $11,707.46 (Report also on Summary of Schedules and, if applicable, on Statistical Summary of Certain Liabilities and Related Data) 17.

Describe any Increase or decrease ln income reasonably anticipated 1o occur within the year following the filing of this document: None. 0 2.,., 2015 -- J\1\~J'­ ~·-L~MON - B6J {Official Form 6J) (12/07) IN RE: Stella M. Powell Case No. 12-12842 (if known) SCHEDULE J .. CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) Complete this schedule by estimating the average or projected monthly expenses of the debtor and the debtor's famlly at time case filed. Prorate any payments made bi-weekly, quarterly, semi-annually, or annually to shoW monthly rate. The average monthly expenses calculated. on this form may differ from the deductions from income allowed on Form 22A or22C. 0 Check this box if a joint petition is filed and debtors spouse maintalns a separate household.

Comptete a separate schedule of expenditures labeled “Spouse.” 1. Rent or home mortgage payment {include lot rented for mobile home} a. Are real estate taxes included? 0 Yes li2J No b. Is property insurance included? 0 Yes ~No 2.

Utilities: a. Electricity and heating fuel $300.00 b. Water and sewer $50.00 c. Telephone $90.00 d.

Other; Cable/Internet $85.00 3. Home maintenance (repairs and upkeep) $200.00 4.Food $500.00 5. Clothing $100.00 6. laundry and dry cleaning $25.00 7. Medical and dental expenses $20.00 8.

Transportaflon (not Including car payments) $400.00 9. Recreation, clubs and entertainment, newspapers, magazines, etc. $125.00 10. Charitable contributions $30.00 11. Insurance (not deducted from wages or included in home mortgage payments) a.

Homeowner's or renter's $157.00 b. Life $115.00 c. Health d. Auto $95.00 e.

Other: 12. Taxes (not deducted from wages or included in home mortgage payments) $1,000.00 Specify: Property Taxes 13. Installment payments: (tn chapter 11, 12, and 13 cases~ do not list payments to be included in the plan) a. Auto: b.

Other: Anytime Fitness $70.00 c. Other: HOA for Dallas Condo $1,415.00 d. Other: Prop. tax for condo $600.00 14. Alimony, maintenance, and support paid to others: 15.

Payments for support of add'l dependents not living at your home: 16. Regular expenses from operation of business, profession, or farm (attach detailed statement) $645.00 17.a. Other: Personal Care Products & services $75.00 17.b. Other: Work related travel expenses $500.00 18. AVERAGI; MONTHLY EXPENSES (Total lines 1~17.

Report ahso on Summary of Schedules and, . if ~pp.ltc.able~ QO th~ ·$tatistical Summary, of certain Liabilities and Related. Data.) 19. Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing ofthis document: None. 20. STATEMENT OF MONTHLY NET INCOME a. Average monthly income from Line 15 of Schedule I $11,707.46 b.

Average monthly expenses from Line 18 above $6,597.00 c. Monthly net income (a. minus b.) $5,110.46 . -"“·-···------ ... -....-·---···---------··-·-”--·------------ -· UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION iN RE: Stella M. Powell CASE NO 12-12842 CHAPTER 13 EXHIBIT TO SCHEDULE J Itemized Business Expenses COG Expense Category Amount Rent Rent $535.00 Public Storage Storage $70.00 Vonage Telephone $30.00 One to One Website $10.00 Total> $645.00 ·- - 86 Summary (Official Form 6 ·Summary) {12/0.7) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re Stella M. Powell Case No. 12-12842 Chapter 13 SUMMARY OF SCHEDULES Indicate as. to each schedule whether that schedule is attached and state the number of pages in each.

Report the totals from Schedules A. B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount ofthe debtor's assets. Add the amounts of alt claims from Schedules D, E. and F to determine the total amount of the debtor's liabilities. h)dividual deb1ors also must complete the “Statistical Summary of Certain Liabilities and Related Data” if they file a case under chapter7, 11, or 13. NAME OF SCHEDULE ATTACHED NO. OF ASSETS LIABILITIES OTHER (YES/NO) SHEETS A - Real Property Yes 1 $849,702.00 B - Personal Property Yes 7 $335,344.84 C - Property Claimed Yes 5 as Exempt D - Creditors Holding Yes 2 Secured Claims E ~Creditors Holding Unsecured Priority Claims Yes 3 of Claims on Schedule FHolding Unsecured Yes 1 Clafms G - Executory Contracts and Yes 1 Unexpired Leases H • Codebtors Yes I - Current Income of Yes 1 Individual Debtor(s} J - Current Expenditures of Yes 2 $6,597.00 Individual Debtor(s) TOTAL 24 $575,480.00 - f-orm 6 ~ Statlstleal Summary (12/07} UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re Stella M. Powell Case No. 12-12842 Chapter 13 STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA (28 U.S.C. § 159) If you are an individual debtor whose debts are primarily consumer debts, as defined in§ 101 (8) of the Bankruptcy Code (11 U.S.C. § 101 (8)), filing a case under chapter 7, 11, or 13, you must report all information requested below. 0 Check this box if you are an individual debtor whose debts are NOT primarily consumer debts.

You are not required to report any information here. This information is for statistical purposes only under 28 U.S.C. § 159. Summarize the following types of UabiUties, as reported in the Schedules, and total them. Type of Liability Amount Domestic Support Obligations (from Schedule E) $0.00 Taxes and Certain Other Debts Owed to Governmental Units $0.00 {from Schedule E) Claims for Death or Personal Injury While Debtor Was $0.00 Intoxicated (from Schedule E) {whether disputed or undisputed) Student Loan Obligations (from Schedule F) $0.00 Domestic Support, Separation Agreement, and Divorce Decree $0.00 Obligations Not Reported on Schedule E Obtigatlcms to Pension or Profit-sharing, and Other Similar $0.00 Obligations (from Schedule F) TOTAL $0.00 State the following: Average Income (from Schedule!, Line 16) $11,707.46 Average Expenses (fro~ Schedule J, Line 18) $6,597.00 Current Monthly Income {from Form 22A Line 12; OR, Form 228 Line 11; OR, Form 22C Line 20) $17,291.67 State the following: 1.

Total from Schedule 0, “UNSECURED PORT~ON, IF ANY” column 2. Total from Schedule E, “AMOUNT ENTITLED TO PRIORITY” column. 3. Total from Schedule E, 11AMOUNT NOT ENTITLED TO PRIORITY, IF ANY'' column $0.00 4. Total from Schedule F $8,999.00 5.

Total of non-priority unsecured debt (sum of 1, 3, and 4) S7 {Official Form 7) (04/1 0) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: Stella M. Powell Case No. _12_-_12...;..8;...4...;..2_ _ _ _ __ (if known) STATEMENT OF FINANCIAL AFFAIRS 1. Income from employment or operation of business None State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, D including parHime activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintajned, financial records on the basis of a fisc~il rather than a calendar year may report fiscal year income.

Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition Is filed, unless the spouses are separated and a joint petition is not fifed.) AMOUNT SOURCE $128 1750.00 20121ncome from employment $50,000.00 2011 • estimated income ($15,407.00) 2010 ... $0 Income and $15A07 loss from consulting business reported on tax return ($3,000.00) 201 o • loss from capital gains 2. Income other than from employment or operation of business ~e State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor's business during the two years immediately preceding the commencement of this case. Give particulars.

If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition js filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT SOURCE $26AOO.OO 2012 rental income w $26,400.00 2011rental incom $18,074.00 2010gross rental income (net per tax return (425,000} 3. Payments to creditors Complete a. or b.1 as appropriate, and c. one a. Jndividual or joint debtor(s) With primarily consumer debts: List all payments on loans, instatlment purchases of goods or SeiViCeS, and other debts to any creditor made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or is affected by such 1ransfer is less than $600. Indicate with an asterisk(*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 musl include payments by either or both spouses whether or not a joint petition Is filed, unle.ss the spouses are separated and a joint petition is not filed.) DATES OF NAME AND ADDRESS OF CREDITOR PAYMENTS AMOUNT PAID AMOUNT STILL OWING Dallas County Tax Assessor 12/28/12 $21,607.72 $0.00 ~e b.

Debtor whose debts are not primarlly consumer debts: List each payment or other transfer to any creditor made within 90 days immediately ll:.l preceding the commencement of the case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $5,850lt. If the debtor is an individual, indicate with an asterisk(*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must Include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) "'Amount subject to adjustment on 4101/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment. -·· ·-· 87 {Official Fonn 7) {04/1 O} - Cont. UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: Stella M. Powell Case No. _12;;;;.-...;;..1;.;...28_4=2;...._._ _ _ __ (if known) STATEMENT OF FINANCIAL AFFAIRS Continuation Sheet No. 1 None ItJ c. All debtors: List all payments made 'INithin one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must Include payments by either or both spouses whether or not a joint petition Is filed, unless the spouses are separated and a joint petition is not filed.) 4.

Suits and administrative proceedings, executions, garnishments and attachments None a. List all suits and administrative proceedings to which the debtor Is or was a party within one year immediately preceding the filing of this fi21 bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses Whether or not a joln1 petition is fifed, unless the spouses are separated and a joint petition Is not filed.) ; e b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) 5. Repossessions, foreclosures and returns None lis1 all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned li!f to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition· is not filed.) 6.

Assignments and receiverships ~e a. Describe any assignment of property for the benefit of creditors made within 120 days immedlately preceding the commencement of this case. DU (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses Whether or not a joint petition is. filed, unless the spouses are separated and a joint petition is not filed.) None b. List all property Which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the Iii commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.} 7.

Gifts None List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual .li!l gffts to family members aggregating less than $200 in value per individual famlly member and charitable contributions aggregating less than $100 perreclpient. (Marlied debtors filing under chapter 12 or chapter 13 must Include gifts or contributions by either or both spouses whether or not a joint petition ts filed, unless the spouses are separated and a joint petition is not filed.) 8.losses ~e list all losses from fire, theft, other casualty or gambling within one. year immediately preceding the commencement of this case or since the w commencement of this case_ (Matried debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not flied.) 67 (Official Form 7) (04/10)- Cont. UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: Stella M. Powell Case No. ..:.;12;;;;..-....;.1;;;;.28;;....4;;..;;;2;....__~--­ (ifknown) STATEMENT OF FINANCIAL AFFAIRS Continuation Sheet No. 2 9. Payments related to debt counseling or bankruptcy None List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt D consolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case. DATE OF PAYMENT, NAME OF PAYER IF AMOUNT OF MONEY OR DESCRIPTION NAME AND ADDRESS OF PAYEE OTHER THAN DEBTOR AND VALUE OF PROPERTY Douglas J. Powell, P.C. 12/28/2012 $1500 (includes filing fee) Attorney at Law 820 West 10th Street Austin, TX 78701 10.

Other transfers ;e a. List all other property, other than property transfe-rred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) ;e b. list all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or similar device of which the debtor is a beneficiary. · 11. Closed financial accounts ;e List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in bank'S, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter-13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition Is filed, unless the spouses are separated and a joint petition is not filed.) 12.

Safe deposit boxes ;e List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses >Nhether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAMES AND ADDRESSES OF NAME AND ADDRESS OF BANK THOSE WITH ACCESS TO OESCRJPnON OF DATE OF TRANSFER OR OR OTHER DEPOSITORY BOX OR DEPOSITORY CONTeNTS SURRENDER, IF ANY Chase Preston Center Debtor only documents, 8111 Preston Rd. photographs, Dallas, TX 75225 personal records 13. Setoffs ;e List all setoffs made by any creditor. including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (ft/1arried debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouse-s whether or not a joint petition ls filed, unless the spouses are separated and a joint petition is not filed.) 14. Property held for another person None . ~ List all property owned by another person that the debtor holds or controls. 87 (Official Form 7) (04/10)- Cont. UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: Stella M. Powell CaseNo. ~1~2-~1~28~4~2~---------­ (ifknown) STATEMENT OF FINANCIAL AFFAIRS Continuation Sheet No. 3 15.

Prior address of debtor ; e If the debtor has .moved within three years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse. ··~fi~· $pouses and Former Spouses .~;;;;e: If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, ·W ' Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years Immediately preceding the commencement of the case, identify the name of the debtor's spouse and of any former spouse who resides or resided with the debtor In the community property state. 17. Environmental Information For the purpose of this question, the foUowlng definitions apply: “Environmental Law'' means any federal, sta,e, or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substancesj wastes or material into the air, land, soH, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes, or material. ”Site“ means any locatlon, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned ot operated by the debtor, including. but not limited to, disposal sites. ”Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law. None a.

List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or [tJ potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law: None b. List the name and address of every site for Which the debtor provided notice to a governmental unit of a release of Hazardous Material. ~ Indicate 1he governmental unit to which the notice Wa.s sent and the date of the notice. None c, List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which the debtor is (i!J or was a party.

Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number. _ ......... ...-. B7 (Official Form 7) (04110)- Cont. UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: Stella M. Powell Case No. ~12;;;..-.1 ....=28;....;4=2_ _ _ _ __ (if known) STATEMENT OF FINANCIAL AFFAIRS Continuation Sheet No. 4 18. Nature, location and name of business None D a. If the debtor is an individual, list the names, addresses, taxpayer-identification numbers, nature of the businesses, and beginning and ending dates of all puslnesses in whlch the debtor was ·an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed In a trade, profession, or other activity either full~ or part-time within six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within six years immediately pre~ding the commencement of this case. lf the debtor is a partnership, list the names, addresses, taxpayer·ldentification numbers, nature of the businesses, and beginning and ending dates of all businesses in Which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six years immediate~)~ preceding the commencement of this case.

If the debtor is a corporation, list the names, addresses, taxpayer-identification numbers, nature of the businesses, and beginning and ending dates of all businesse$ in W'hich the debtor was a partner or owned 5 percent or more of the voting or equity securities within six years Immediately preceding the commencement of this case. NAME. ADDRESS. AND LAST FOUR DIGITS OF SOCIAL-SECURITY OR OTHER INDIVIDUAL BEGINNING AND ENDlNG TAXPAYER·I.O. NO. (ITIN) I COMPLETE EJN NATURE OF BUSINESS OATES Confluence Development Group Strategic Business Development 12110109present 1300 West Lynn, Ste. 106 Austin, TX 78703 454355928 Composite Services Business development non-operational 1300 West Lynn, Ste. 106 Austin, TX 78703 20 052 9296 ;e b. Identify any business listed in response to subdivision a., above, that is “single asset real estate” as defined ln 11 U.S.C. § 101. The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership, a sole proprietor, or self-employed tn a trade, profession, or other activity, either fullor part·time. (An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above, within six years immediately preceding the commencement of 1his case. A debtor who has not been in business within those six years should go directly to the signature page.) 1$. Books, records and financial s-tatements ;~ a.

List all bookkeepers and accountants who within two years immediately preceding the fning of this bankruptcy case kept or supervised the keeping of books of account and records of the debtor. ;e b. List all firms or individuals who within two years Immediately preceding the filing of this bankruptcy case have audited the books of account and records, or prepared a financial statement of the debtor. 87 {Official Form 7} (04/1 0) - Cont. UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: Stella M. Powell CaseNo. _12~-~12~8_4_2___________ (if known) STATEMENT OF FINANCIAL AFFAIRS ConUnuation Sheet No. 5 ;e d. List aH financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued by the debtorwithin two years immediately preceding the commencement ofthis case. 20.

Inventories ;e a. List the dates of the last two inventories taken of your property, the name of the person who supervised !he taking of each inventory, and the dollar amount and basis of each inventory. ';e b. List the name and address of the person having possession of the records of each of the Inventories reported in a., above. 21. Current Partners, Officers, Directors and Shareholders ;e a.

If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership. ; e b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more of the voting or equity securities of the corporation. 22. Former partners, officers, directors and shareholders ;a a. If the debtor Is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this case. ~rle b.

If the debtor Is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding the commencement of this case. ri:r 23. Withdrawals from a partnership or distributions by a corporation If the debtor Is a partnership Of corporation, list all Withdrawals or distributions credited or glven to an insider. including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediate~y preceding the commencement of this case. 24. Tax Consolidation Group None r:7f If the deblor is a corporation, list the name and federal taxpayer-identification number of the parent corporation of any consolidated group for tax w purpos.es of which the debtor has been a member at any time within six years immediately preceding the commencement of the case. 25. Pension Funds ; e If the debtor is not an individual. list the name and federal taxpayer-identification number of any pen~ion fund to 'Nhich the debtor, as an employer, has been responsible for contributing at any time within six years immediately preceding the commencement of the case. 87 (Official Form 7) (04/10)- Cont. UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION In re: Stella M.

Powell Case No. --'12;;;;,..~_12_8_4_2~----­ (ifknown} STATEMENT OF FINANCIAL AFFAIRS Continuation Sheet No.6 [If completed by an individual or individual and spouse] I declareunder penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct. Date 1122/2013 Signature _ _l_s_ls_t_el_la_M_._P_ow_e_n_ _ _ _ _ _ _ _ _ _ _ _ __ of Debtor Stella M. Powell Date-------------- Signature------------· of Joint Debtor (if any) Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S. C.§§ 152 and 3571 M~ [JMfJN .. ~. B 2018 (Form 2018) (12/09) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS AUSTIN D.IVISION In re Stella M. Powell Case No. __1_2_-1_2_84_2__ Chapter 13 CERTIFICATION OF NOTICE TO CONSUMER DEBTOR(S) UNDER§ 342(b) OF THE BANKRUPTCY CODE Certification of the Debtor I {We), the debtor(s), affirm that I (we) have received and read the attached notice, as required by§ 342(b) of the Bankruptcy Code.

Stella M. Powell X lsi Stella M. Powell 1/2212013 Signature of Debtor Date Prinied Name(s) of Debtor(s) X Case No. (if known} __;:.:12::;;...w..;.;12;;..:8:;_;4~2------ -------------------------------------- Signature of Joint Debtor (if any) Date Certificate of Compliance with § 342(b) of the Bankruptcy Code I, _ _ _ _ _D_o_ul!E.gl-'a_s_J_.P-'o:......w_e_u_ _ _ _--', counsel for Debtor(s), hereby certify that I delivered to the Debtor(s) the Notice required by§ 342(b) of the Bankruptcy Code. Is/ Douglas J.

Powell Douglas J, Powell, Attorney for Debtor(s) Bar No.: 16194900 Law Offices of Douglas J. Powell, P.C. 820W.10th St. Austin, TX 78701 Phone: (612) 476-2457 Fax: (512) 4 77-4503 E-Mail: dpowell@dougpowelllaw. com Instructions: Attach a copy of Form B 201A, Notice to Consumer Debtor(s) Under§ 342(b) of the Bankruptcy Code. Use this form to certify that the debtor has received the notice required by 11 U.S.C. § 342(b) ONLY if the certification has NOT been made on the Volunta.ry Petition, Official Form 81.

Exhibit Bon page 2 of Form 81 contains a certification by the debtor's attorney that the attorney has giVen the notice to the debtor. The Declarations made by debtors and bankruptcy petition preparers on page 3 of Form B1 also Include this certification. [. Dana DeBf“2tJVOir, Cour.t-1 CIBrl-+9'..p '/ -&~ ·-r.;;1.!) Supplement to the Record: Affidavit Regarding Court Notice of the Constitutional Challenge of a State Statute under Texas Government Code § 402.010 Before me, the undersigned authority, personally appeared Christy Nisbett, who being duly sworn deposed as follows: ”My name is Christy Nisbett. I am at least 18 years of age and of sound mind. I have personal knowledge of the facts alleged herein. i'Pursuant to Texas Government Code Section 402.010(a), Legal Challenges to Constitutionality of State Statutes, Travis County Probate Court No. 1 was required to serve on the Attorney General notice of the constitutional challenge of a state statute filed in this cause, along with a copy of the pleadings that raised the challenge. “On behalf of the court and in my capacity as Court Administrator for Travis County Probate Court No. 1, I served the required notice and pleadings electronically to an email address designated by the Attorney General for the purposes of Section 402.010 - one of the methods of service specified by the statute. ”These email messages, including their attachments, together with the email responses from the Office of the Attorney General are attached as an Exhibit to this affidavit. "There are a total of six email messages: Date& Time Exhibit Pages To &From Description Serving notice of attached filed challenge, asking for 11112/2014, From the Court to the Office 1-2 confinnation that ( 1) challenge was received and 4:48p.m. of the Attorney General (2) email address used was the appropriate one Acknowledging that fonn was received and that 11/12/2014, From the Office ofthe 3-4 email address was appropriate place to send the 4:54p.m. Attorney General to the Court fonn, and requesting pleadings 11/12/2014, From the Court to the Office Attaching required pleadings and noting that second 5-23 5:14p.m. of the Attorney General page of Supplemental Response was not scanned yet 11112/2014, From the Office of the 24-25 Acknowledging receipt 5:15p.m.

Attorney General to the Court 11113/2014, From the Court to the Office 26-29 Attaching complete supplemental response 10:07 a.m. of the Attorney General 11/13/2014, From the Office of the Acknowledging receipt 30-31 10:13 a.m. Attorney General to the Court lllllllllllllllllllllllllllllllllllllltllllllll11111111 000408642 --· -· No. L:-1-PB-14-001695, Supplement to the Record “The email messages and the attaclunents set out in the following Exhibit have not been altered in anyway. ''Further affiant sayeth not.” Court Administrator robate Court No. 1 SUBSCRIBED AND SWORN TO BEFORE ME on February 25, 2015 by Christy Nisbett, Court Administrator for Travis County Probate Court No. 1. Affidavit Page 2 of 2 - - Affidavit Exbibit: emails to and from Travis County Probate Court No. 1, including attachments Christy Nisbett From: Christy Nisbett Sent: Wednesday, November 12, 2014 4:48 PM To: COnst_claims@texasattorneygeneral.gov' 1 SUbject: Challenge to Constitutionality of a State Statute Attachments: From Travis County Probate Court No. l.pdf Please see the attached, which was filed in Travis County Probate Court No. 1.

We would appreciate your confirming that you received this attachment and that we have sent this attachment to the appropriate place. Thanks, Christy Nisbett Probate Court Administrator I Staff Attorney Travis County Probate Court No. 1 1000 Guadalupe Street, Room 217 Austin, TX 78701 Phone: (512) 854-9559 Fax: (512) 854-4418 PletJSe note the county recently changed its emoll domain name. My new email address Is christv.nlsbettl!tt'tlvlscpuntvtx.qov. Exhibit Page 1 of 31 Affidavit Exbibit: ~ils to and from Travis County Probate Court No. 11“ifleluding attachments -.. r11~. t - -- --- ....,_..._”',...,~.If.

Sent: Wednesday, November 12, 2014 4:54 PM To: Christy Nisbett; const_claims Subject: RE: Challenge to Constitutionality of a State Statute Ms. Nisbett, I acknowledge that the form has been received and that this email address was the appropriate place to send it. Thank you! Would you mine please also sending the pleading in whtch Sonemaly Phrasavath challenged the constitutionality of the Texas Family Code to this same email address? I would really appreciate it. · Yours with gratitude, Benjamin L. Dower Assistant Attorney General General Litigation Division P.0.

Box 12548, capitol Station Austin, Texas 78711-2548 512.475.4078 (direct) 512.320.0667 (fax) benjamin.dower@texasattorneygeneral.gov ATTORNEY-CLIENT PRIVILEGED: This is a confidential communication and intended for the addressee(s) only. Any unauthorized interception or disclosure of this transmission is prohibited. If you are not the intended recipient of this message, please notify the sender and destroy this and all copies of this communication. Thank you. ·----·-···-···----·----·····----- From: Christy Nisbett fmailto:Christv.Nisbett@traviscountvtx.govl sent: Wednesday, November 12,2014 4:48PM To: const_clalms Subject: Challenge to Constitutionality of a State Statute Please see the attached, which was filed in Travis County Probate Court No. 1. we would appreciate your confirming that you received this attachment and that we have sent this attachment to the appropriate place.

Thanks, Christy Nisbett Probate Court Administrator I Staff Attorney Travis County Probate Court No. 1 1000 Guadalupe Street, Room 217 Austin, TX 78701 Phone: (512) 854-9559 Exhibit Page 3 of 31 Affidavit Exbibit: emails to and from Travis County Probate Court No. 1, including attachments Fax: (512) 854--4418 Pletlse note tile county recently changed Its email domain name. My new email address Is chrlstv.nlsbettt!tralliscounrvtx.qov. Exhibit Page 4 of 31 -· Affidavit Exbibit: emails to and from Travis County Probate Court No. 1, including attachments Christy Nisbett From: Christy Nisbett Sent: Wednesday, November 12, 2014 5:14 PM To: 'Dower, Benjamin•; const_claims Subject: RE: Challenge to Constitutionality of a State Statute Attachments: Powell Response to Special Exceptions.pdf; Supplement, page l.pdf The pleading is attached. I've also attached the first page of a supplemental response. The clerk's office scanned only the first page, and the hard copy has not made it to the file. I'll forward the full pleading as soon as we track it down.

Christy ·-··“ ... ---~-·----··-------· ---··-~-- .... ____ ,,_____ ..... ____________ ·”·-------·-.. -~------------- From: Dower, Benjamin rmailto:Ben1amln.Oower®texasattorneygeneral.govl Sent: Wednesday, November 12, 2014 4:5-4 PM To: Christy Nisbett; const_clalms SUbject: RE: Challenge to Constitutionality of a State Statute Ms. Nisbett. I acknowledge that the form has been received and that this email address was the appropriate place to send it. Thank you! Would you mine please also sending the pleading in which Sonemaly Phrasavath challenged the constitutionality of the Texas Family Code to this same email address? I would really appreciate it. Yours with gratitude, Benjamin L.

Dower Assistant Attorney General General Litigation Division P.0. Box 12548, Capitol Station Austin, Texas 78711-2548 512.475.4078 (direct) 512.320.0667 (fax) benjamin.dower@texasattorneygeneral.gov AITORNEY·CLIENT PRIVILEGED: This is a confidential communication and intended for the addressee(s) only. Any unauthorized interception or disclosure of this transmission is prohibited. If you are not the intended recipient of this message, please notify the sender and destroy this and all copies of this communication.

Thank you. - ------· ------------~~-------------·----- ..-·------·- -----~------- From: Christy Nisbett [mallto:Chrlsty.NisbettGtraviscounMx.aov] Sent: Wednesday, November 12, 2014 4:48 PM To: const_dalms SUbject: Challenge to ConstitUtionality of a State Statute Please see the attached, which was filed in Travis County Probate Court No.1. Exhibit Page 5 of 31 Affidavit Exbibit: emails to and from Travis County Probate Court No.1, including attachments We would appreciate your confirming that you received this attachment and that we have sent this attachment to the appropriate place. Thanks, Christy Nisbett Probate Court Administrator I Staff Attorney Travis County Probate Court No. 1 1000 Guadalupe Street, Room 217 Austin, TX 78701 Phone: (512) 854-9559 Fax: (512) 854-4418 Please note the county recently changed Its emt1il domoln name. My new emDil address is chrlstJ!.. nlsbettl!trtntlscountJttJC.qov. 2015 fExhibit Page 6 of 31 .~ -· Affidavit Exbibit: ~ails to and from Travis County Probate Court No. 1-~luding attachments Filed: 111612014 5:23:19 PM Dana DeBeauvoir Travis County Clerk No. C-1-PB-14-801695 ~1·P~14-001695 Abram Gonzalez ESTATE OF I IN THE PROBATE COURT § STELLA MA1UI! POWELL, I NtJMBERl § DECEASED § TRAVIS COUNTY, TEXAS SONJMALY rJIRASAYATH'S BESPONSI TO SPICIAL EXCEPTIONS AND MOTJpN IP , . , . AND MOTION I'OR CONTINJJANCE Sonemaly Phrasavath (“Sonemaly”) heteby files this Response to the Special Exceptions and Motion to Dismiss filed by James Powell and Alice Huseman.

Sonemaly also files, in the altemative, a Motion for Continuance. In support of her Response and the Motion for Continuance, Sonemaly would show the Court the following: I. lptrodgdlon Stella Powell e'SteUaj, the decedent herein, and Sonemaly were in a committed, same-sex ~eladODShip for. approximately eight years and were manied for almost six years. Like any other married couple, they resided in the same home, celebrated their love for each other before fiiends and family at a marriage ceremony, and lived opeoly as spouses. During Stella's final illness.

Sonemaly cared for Stella at their home until Stella ultimately lost her battle with cancer at the much too young age of 53. SonemaJy has filed an application for heirship in tbis matter as Stella's common law spouse. James Powell and Alice Huseman (coUectively, ''Movantst'), who are Stella's surviving sublinp, have filed special exceptioos and amo1ion to dismiss Sonemaly•s application based on Texas's laws banning the recognition of same-sex marriages. These laws.

Hke those in many other states, bave beeo struck down since the United States Supreme Courtts landmark decision 1 T~.~'lh:: C2:'fjty ma: -'liE18 a true am:f •· t JHu~_:~. ,).)~'} ?.E ~:.1!nl:: apc0:~,1r; o~ itt.lllli in m1· effie~. \,il'_l~~ Ill) i!J.fl0 2.110 :seal ct ll~ ou Affidavit Exhibit: er:Jilails to and from Travis County Probate Court No. 1, iAeluding attachments B. De UDIW States SUpreJDe Coart's Deelsioa ill Wlllbor aad ill effect on state Jaws bauiac.....,.• marriage. In Windsor, plaintiff Edith Windsor challenged the provision of DOMA that clefined “marriage” and “spouse” to exclude same-sex spouses. 133 S.Ct. 2615, 2682 (2013). Ms.

Windsor bad married Thea Spyer in Canada and that marriage was subsequently recognized in their home state of New York. Jd. at 2683. Ms. Spyer died in 2009 and left her entire estate to Ms.

Windsor. Id. But because of Section J of DOMA (“'Section 3”), wbich defines “marriage” and “spouse” as excluding same-sex spouses for purposes of all federal statutes snd mgulations, Ms. Wmdsor could not qualify as Ms.

Spyer's “surviving spouse” for purposes of the federal estate tax exemption. ld. As a result, Ms. Windsor was required to pay $363,053.00 in federal estate taxes that she otherwise would not have been requin=d to pay if her marriage to Ms. Spyer was recopized under federal tax law.

Id. Ms. Wmdsor challenged Section lt a challenge that wu eventually clecided by the Supmne Court. The Court•s opinion, written by Justice Anthony Kennedy, invalidated Section 3 as uaconstitutional under the Fifth Amendment•s Due Process Clause.Jd. at 2693.

In reaching this holding, Justice Kennedy made the foUowiog statements regarding Section 3: • Section 3's •'principal purpose is to impose inequality, not for other reasons like government efficiency.“ • Section 3 ”tells those [same-sex] couples. and all the worl~ that their otherwise valid marriages are unworthy of federal recopidon.“ • Section 3 ”demeans the couple. whose moral and sexual choices the Constitution protects.“ citing Lawrii'ICB v. Texas, 539 U.S. SSS (2003) (Sirildng down Texas's sodomy laws as unc:onstitutional). • Section 3 ”humiliates tens of thousands of children now being raised by same-sex couples. The law in question makes it even more difficult for the childleu to 6 Exhibit Page 12 of 31 ·--- - Affidavit Exbibit: ~ils to and from Travis County Probate Court No. 1, -if;K:Iuding attachments understand the intearlty and closeness of their own family and its concord with other families in the community and in their daily lives." • “Under DOM.Aw same-sex married couples have their lives burdened by reason of govemmeat decree. in visible and public ways.” Id. at 2694-95.

The Court held that for these same reasons, Section 3 denied same-sex spouses equal protection of the laws guaranteed by the FoU11eenth Amendment.Id. at 2695 (“[w)bile the Fifth Amendment itself withdraws from Government the power to degrade or demean the way [DOMA] doess the equal protection clause of the Fourteenth Amendment makes that Fifth Amendment right all the more specific: and all the better understood and pre~.”). In a prophetic dissent concerning, in part. the breadth of Justice Keanecly' s opinion, Justice Scalia reasoned that majority decision would be applied by lovuer courts to bold state bans on same sex marriage unconstitutional.ld. at 2709. To illustrate his point, Justice Scalia edited excerpts &om Justice Kennedy's opinion to show how they might apply equally in a SIIDC-SeX maniage ban ease, incJuding in the following example: {IJQW.o:] This stole law tells those couples, and all the world, that their otherwise valid llllffiagea reltltlonshlps are unworthy of federal 11111e recogaition. Tbis places same-sex couples in an UDStable position of beins in a second-tier JR8Rii~~t nlatitm~~ltlp.

The ditTerentiation demeans the couple, whose moral 8nd sexual cboices the Constitution protects, see Lawrence. ld. at 2709-10 (citing ld. at 2694). Justice Scalia could not have been more accurate with his pxediction. as court after court entertaining challenges to state law same-sex matTiage bans have applied Justice Kamedy's opinion in W'mdsor to almost uniformly strike those bans down. At the time of this writin& almost twenty reported decisions., including decisions by the Teuth, Fourth, Seventh and Ninth Circuit UniU:d States Courts of Appeals. have relied on Wlntbor to strike down state bans on same sex marriage as WlCODStitutionaL Bishop v. Smith, 160 7 I “11.)\.:jl:), t--Ji!tl\;l \.'1~1~~~ oi oti·i~..: Cll Exhibit Page 13 of 31 (:;(~~:~~~>) L\i'L (_f.JABc:Otc2 2015 \ ·,_·; t·c •.. :;\tvt'f~'\. ~!} ~ ('H”ll'Jif}'\q\f! . . -···--··--··“-··· !j\~~w ;.J -~· ..tt.!”·::_,;l'1'\·, - Affidavit Exbibit: e~~iails to and from Travis County Probate Court No. 1,-i'r'reluding attachments F.3d 1070 (lOth Cir. 2014); Kitchen v.

Herbert, 7SS F.3d 1193 (lOth Cir. 2014); Bostic v. Schtlefor, 160 F.3d 352 (4th Cir. 2014); Baslcin v. Bogan, 166 F.ld 648 (7th Cir. 2014); Latta'· Otter, -F.3d-, 2014 WI. 4977682 (9th Cir. 2014); Uorle v. Moser, No. 2:14-cv.02S18-DDCTJJ, -F.Supp.2d--(D.

Kan. 2()14); Bowke v.IJuhetr, 996 F.Supp.2d 542 (W.O. Kent 2014); Love Y. Beahear, 989 F.Supp.2d 536 (W.D. Kent. 2014); Gray v.

Orr, 4 F.Supp.3d 984 (N.D. UliDois 2014); Brermer v. Scott, 999 F.Supp.2d 1278 (N.D. Fla. 2014); Hamby v.

Ptl17Hlll, - F.Supp.3d-·, 2014 WL 5089399 (D. Alaska 2014); Wolfv. Walker, 986 F.Supp.2d 982 (W.D.. Wise. 2014); Mqjors v.

Jeanes, -F.Supp.3d-, 2014 WL 4541173 (D. Ariz. 2014); Whitewood v. WD(f, 992 F.Supp.2d 410 (M.D. Penn. 2014); Gelger v. Kitzhaber, 994 F.Supp.2d 1128 (D.

Otegon 2014); He"'1 v. Hl:tMs.. ·-F.Supp.2d-, 2014 WL 1418395 (S.D.. Ohio 2014); Tanco v. HGrlmn, 7 F.Supp.3d 7.59 (M.D. Tenn. 2014); DeBoer v.

Snyder, 973 F.Supp.2d. 757 (B.D. Micbipn2014); OMrpfell v. Wymyslo, 962 F.Supp.2d 968 (S.D. Ohio 2013).

Based on these and other decisions, as well as related legislative enactments. same-sex couples in 32 states and tho District of Columbia now have the freedom to marry, and nearly S9% of the U.S. population lives in states currendy issuing marriage licenses to same-sex couples. FREEDoM to MARRY. hUP:IJwww.freedomtomarry.om/statesl (last visited November 4, 2014). In fact. the undersigned has discovered only two reported cases since Wind.tor upholding a state's ban on same-sex marriage, and even these cases acknowledge the tidal wave of post·W"mtbor opinions striking dowa the blms. See Robicheall% v. Cllldwel/, 2 F.Supp.3d 910 (E.D.

La. 2014) (aclcnowlcdging -.be near-IIIIIDimity oftbe many other federal courts that have spoken on this pteSSing issue" and have declated same-sex marriage bans unconstitutional); YldDI v. Garcla--Podllla, -F.Supp.3d- -, 2014 WL 5361987 (D. P.R. 2014) (acknowledging that ~{a] clear ma.jority of courts bave 8 Exhibit Page 14 of 31 Affidavit Exbibit: e!'Ws to and from Travis County Probate Court No. 1, i~ding attachments struck down statutes that affirm opposite-gender marriage only). In contnJst to these two opiniODS, since Windsor no circuit court of appeals bas upheld such a ban. In sum, the effect of Wlnd.ror has been Swift and resolule--l.e. based on the majority's reasoning in Windsor. state bans on same-sex marriage, including Texas's Bau. no longer pass constitutional muster. C.

Tbe IJelMRI decision. In DeLeon v. Perry. Judge Orlando Garcia of the United States District Court for the Western District of Texas-San Antonio DivisiOD, declared Texas's Ban unconstitutional.

The plaintiffs in DeLeon were two married couples, one lesbian couple who bad been married in Massacbusetts and were seeking to ha~e their marriage recognized in Texas, and one gay couple who bad applied and been denied a Texas marriage license. 975 F.Supp.2d 632, 640-41 (W.D. Tex. 2014). The Defendants were various local and state officials defendiDa Texas's Bao. Jd.

After reciting the history of same-sex marriage baos in the United States, including the enactment ofTeus's Ban and DOMA, the Court highlighted the watershed decision in W"md.ror. /d. at 641-648. The court then considered the plaintitD' challenges to Texas's Ban under the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Coustitulion. Id. at 649.

Beginning with its equal protection analysis, the court noted that “[t]be Equal Protection Clause of the Fourteenlh Amendment commands that no state shall deny to any person within its jurisdiction the equal protection of the laws•.. This essentially means that all persons similarly situated shall be treated alike.” Jd. at M9 (citing U.S. Const.

Amend XIV § 1 and City of Clebunte, T« Sent: Wednesday, November 12, 2014 5:15 PM To: Christy Nisbett; const_claims Subject: RE: Challenge to Constitutionality of a State Statute Thanks again. From: Christy Nisbett [mallto:Christy.Nisbett@traviscountvtx.govl sent: Wednesday, November 12, 2014 5:14PM Tal Dower, Benjamin; const..clalms SUbject: RE: Challenge to COnstitutionality of a State Statute The pleading is attached. I've also attached the first page of a supplemental response. The clerk's office scanned only the first page, and the hard copy has not made it to the file. I'll forward the fun pleading as soon as we track it down. Christy ---~---~------------------------ From: Dower, Benjamin [mailto:Bentamin.Dower@texasattomeygeneral.govl 5ent: Wednesday, November 12, 2014 4:54 PM To: Christy Nisbett; const_clalms SUbject: RE: Challenge to Constitutionality of a State Statute Ms.

Nisbett, 1acknowledge that the form has been received and that this email address was the appropriate place to send it. Thank you! Would you mine please also sending the pleading in which Sonemaly Phrasavath challenged the constitutionality of the Texas Family Code to this same email address? I would really appreciate it. Yours with gratitude, Benjamin L. Dower Assistant Attorney General General Utigation Division P.0.

Box 12548, Capitol Station Austin1 Texas 78711-2548 512.475.4078 (direct) 512.320.0667 (fax) benjamin.dower@texasattorneygeneral.gov AlTORNEVMCUENT PRIVILEGED: This is a confidential communication and intended for the addressee(s) only. Any unauthorized interception or disclosure of this transmission is prohibited. lf you are not the intended recipient of this· message, please notify the sender and destroy this and all copies of this communication. Thank you. Exhibit Page 24 of 31 - --- ~········---·-··----·-·-----Affidavit Exhibit· emaj!s toaod..fr.olll..Iralds..count¥..2r.obate.cauct..r:w_..1,..a.uin~chw.ld=inLY Sent: Thursday, November 13, 2014 10:13 AM To: Christy Nisbett Subject: RE: Challenge to Constitutionality of a State Statute Much obliged.

From: Christy Nisbett lmailto:Christy.Nisbett@traviscountvtx.govl Sent: Thursday, November 13, 2014 10:07 AM To: Dower, Benjamin; const_claims Subject: RE: Challenge to Constitutionality of a State Statute Here is the complete supplemental response. -~-·-····------------ From: Dower, Benjamin [mallto:Beniamin.power®texasattorneygeneral.goy] Sent: Wednesday, November 12, 2014 5:15PM To: Christy Nisbett; const_claims SUbject: RE: Challenge to Constitutionality of a State Statute Thanks again. ···-· -··· --------·····--··----·~-- From: Christy Nisbett (mailto:Christy.Nisbett@traviscountytx.gov] Sent: Wednesday, November 12, 2014 5:14PM To: Dower, Benjamin; const_daims Subject: RE: Challenge to Constitutionality of a State statute · The pleading is attached. live also attached the first page of a supplemental response. The clerk's office scanned only the first page, and the hard copy has not made it to the file. I'll forward the full pleading as soon as we track it down. Christy From: Dower, Benjamin [mailto:Benlamin.Dower®texasattorneygene@l.gov] Sent Wednesday, November 12,2014 4:54PM To: Christy Nisbett; const_clalms SUbject; RE: Challenge to Constitutionality of a State Statute Ms. Nisbett, 1acknowledge that the form has been received and that this email address was the appropriate place to send it.

Thank you! Would you mine please also sending the pleading in which Sonemaly Phrasavath challenged the constitutionality of the Texas Family Code to this same email address? l would really appreciate it. Yours with gratitude, Exhibit Page 30 of 31 --· .~ ... Affidavit Exbibit: emails to and from Travis County Probate Court No. 1, including attachments Benjamin L. Dower Assistant Attorney General General litigation Division P.O.

Box 12548, Capitol Station Austin, Texas 78711-2548 512.475.4078 (direct) 512.320.0667 {fax) benjamin.dower@texasattorneygeneral.gov AlTORNEV-CLIENT PRIVfLEGED: This is a confidential communication and Intended for the addressee{s) only. Any unauthorized interception or disclosure of this transmission is prohibited. If you are not the intended recipient of this message, ptease notify the sender and destroy this and all copies of this communication. Thank you. - -· ··-·· . ---...------·-·-·-----···-· -----"~ •... ··-·· -· ·------·----- -··- ·--------- From: Christy Nisbett fmallto;Christy.Nisbett@traviscountytx.gov] Sent: Wednesday, November 12, 2014 4:48PM To: const_daims SUbject: Challenge to Constitutionality of a State Statute Please see the attached, which was filed in Travis County Probate Court No. 1.

We would appreciate your confirming that you received this attachment and that we have sent this attachment to the appropriate place. Thanks, Christy Nisbett Probate Court Administrator I Staff Attorney Travis County Probate Court No. 1 1000 Guadalupe Street, Room 217 Austin, TX 78701 Phone: (512) 854-9559 Fax: (512)854-4418 Pletlse note the county recently changed its email domain IJflme. My new email address Is dJrlsfV.nlsbett@traviscountvtx.gov.. Exhibit Page 31 of 31 -- Filed: 2/25/2015 5:42:42 PM Dana DeBeauvoir Travis County Clerk No. C~l-PB~14-00l695 C-1-PB-14-001695 Abram Gonzalez "ESTATE OF § IN THE PROBATE COURT § STELLA 1\'IARlE POWELL, § NU!\1BER l § DECE.ASED § TRAVIS COUNTY, TEXAS NOTICE OF FINAL HEARING Please take notice that the Final Hearing in the above styled and numbered cause is set to be heard on July 6-7, 2015 beginning at 9:00 a.nt., at the Travis County Courthouse, 1000 Guadalupe, 2nd Floor Room217, Austin, Texas.

Respectfully submitted, HOPPER M'l~, PLLC By: A0~- CRAIG HOPPER State Bar No. 0079494 7 BRIANT. THOM.PSON State Bar No. 24051425 chopper@Jloppennikeska.com bthompson(ivhoppcrmikeska.com 400 W. 15th Street, Suite 408 Austin. Texas 78701 (512) 615-6195 Telephone (512) 615-6194 Fax ATTORNEYS FOR SONEMALY PHRASA VA TH ~~~~J!3QIIIll Ill~ IIIII1111 /liB 111111.1111 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ()f the foregoing pleading has been served on the following counsel of record on this 25th day of February, 2015, in accordance with Rule 2la of the Texas Rules of Civil Procedure, either electronically through an electronic tiling manager~ or non-electronically via hand-delivery, e-mail, facsimile, or mail (first class or certified): - Michael B. Knisely Michael P. Murphy Jason S.

Scott Assistant Solicitor General Osbon1e, Helman, Knebel~ DeLeery, L.L.P. Oftice of the Attorney General 301 Congress Avenue., Suite 1910 P.O. Box 12548 (MC 059) Austin, Texas 78701 Austin~ Texas 78711-2548 (512) 542-2011 (fax) (512) 474-2697 Douglas A. Booth John Crane -- Law Offices of Douglas A.

Booth, P.C. Law Offices of John a. Crane PLLC 3801 S. Capital of Texas Highway, Suite 255 4425 South Mopac Expressway #204 Austin, Texas 78704 Austin, Texas 78735 (512) 478-4926 (fax) (877) 469-9439 Brian T.

Thompson 2 Tab I Filed: 2/18/2015 12:15:38 AM Dana DeBeauvoir Travis County Clerk NO. C-1-PB-14-001695 C~ 1-PB-14-001695 Abram Gonzalez ESTATE OF § IN THE PROBATE COURT § STELLA MARIE POWELL, § NUMBER 1 § DECEASED § TRAVIS COUNTY, TEXAS PLEA IN INTERVENTION OF THE STATE OF TEXAS Pursuant to Rule 60 of the Texas Rules of Civil Procedure, the State of Texas hereby intervenes in this case to defend the validity of Texas law. I. The Order on Special Exceptions and Motion to Dismiss Challenges the Validity of a Texas Constitutional provision and a Texas Statute. By this Courfs Order of February 17, 2015, denying the Special Exceptions concerning the probate proceedings and relationship between the Deceased and Sonemaly Phrasavath, this Court placed into issue the provisions of article I, section 32 of the Texas Constitution and section 6.204(b) of the Texas Family Code and section 2.401 of the Texas Family Code and found them to be unconstitutional in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. II. Standard for Intervention Rule of Civil Procedure 60 provides that "[a]ny party may intervene by filing a pleading, subject to being stricken out by the court for sufficient cause on the motion of any party.'' TEX. R.

Crv. P. 60. No rule establishes a deadline for intervention. Tex. Mut.

Ins. Co. v. Ledbetter, 251 S.W.3d 31, 36 (Tex. 2008). State's Plea in Intervention IV.

Conclusion and prayer for relief. The State of Texas by this intervention requests notice and appearance, and the opportunity to defend its laws before this Court. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation ANGELA V. COLMENERO Chief, General Litigation Division MICHAEL P. MURPHY Assistant Solicitor General State Bar No. 24051097 Is/ William T. Deane WILLIAM T. DEANE Texas Bar No. 05692500 Assistant Attorney General General Litigation Division P .0.

Box 12548, Capitol Station Austin, Texas 78711·2548 (512) 936-1534 FAX: (512) 320-0667 ATTORNEYS FOR INTERVENOR State's Plea in Intervention CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading has been served on the following counsel of record on this 17th day of February, 2015, in accordance with Rule 21a of the Texas Rules of Civil Procedure, electronically through the electronic filing manager: Craig Hopper Brian T. Thompson Hopper Mikeska 400 W. 15th Street, Suite 408 Austin, Texas 78701 Michael B. Knisely Jason S. Scott Osborne, Helman, Knebel, DeLeery 301 Congress Avenue, Suite 1910 Austin, Texas 78701 Lorin Hayes Law Offices of Douglas A.

Booth 3801 S. Capital of Texas Highway, Suite 255 Austin, Texas 78704 Is/ William T. Deane William T. Deane Assistant Attorney General State,s Plea in Intervention