MONTALVO v. GUERRA, 13-18-00565-CV. (2018)
Court: Court of Appeals of Texas
Number: intxco20181109a48
Visitors: 15
Filed: Nov. 06, 2018
Latest Update: Nov. 06, 2018
Summary: ORDER PER CURIAM . The parties have notified this Court that appellant Jose Marcos Montalvo has filed for protection in bankruptcy. According to the notice, appellant filed a bankruptcy petition on April 27, 2016, in the United States Bankruptcy Court for the Southern District of Texas, McAllen Division. Upon the filing of a bankruptcy petition, an automatic stay becomes effective which prohibits the commencement or continuation of any judicial action or proceeding against the debtor and an
Summary: ORDER PER CURIAM . The parties have notified this Court that appellant Jose Marcos Montalvo has filed for protection in bankruptcy. According to the notice, appellant filed a bankruptcy petition on April 27, 2016, in the United States Bankruptcy Court for the Southern District of Texas, McAllen Division. Upon the filing of a bankruptcy petition, an automatic stay becomes effective which prohibits the commencement or continuation of any judicial action or proceeding against the debtor and any..
More
ORDER
PER CURIAM.
The parties have notified this Court that appellant Jose Marcos Montalvo has filed for protection in bankruptcy. According to the notice, appellant filed a bankruptcy petition on April 27, 2016, in the United States Bankruptcy Court for the Southern District of Texas, McAllen Division.
Upon the filing of a bankruptcy petition, an automatic stay becomes effective which prohibits the commencement or continuation of any judicial action or proceeding against the debtor and any property within the debtor's bankruptcy estate. See 11 U.S.C.A. § 362(a). Pursuant to Rule 8.2 of the Texas Rules of Appellate Procedure, the appeal is suspended. See TEX. R. APP. P. 8.2.
Accordingly, this appeal is ABATED until further order of this Court. Any documents filed subsequent to the bankruptcy petition will remain pending until the appeal is reinstated. The parties are directed to take such action as is appropriate to advise the Court of any change in the status of the bankruptcy proceeding which would affect the status of this appeal, including but not limited to, the filing of a motion to reinstate pursuant to Texas Rule of Appellate Procedure 8.3. See id. 8.3.
Source: Leagle
