Opinion
DOCKET NO. A-0211-13T1
09-22-2014
DECHANG LEE, Plaintiff-Appellant, v. TRUMP TAJ MAHAL, Defendant-Respondent.
Jeffrey M. Sheppard argued the cause for appellant (Mutchko & Sheppard, LLC, attorneys; Mr. Sheppard, on the briefs). John M. Donnelly argued the cause for respondent (Levine, Staller, Sklar, Chan & Brown, P.A., attorneys; Mr. Donnelly and Mary Beth Clark, of counsel and on the brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Before Judges Maven and Hoffman. On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Docket No. L-2218-12. Jeffrey M. Sheppard argued the cause for appellant (Mutchko & Sheppard, LLC, attorneys; Mr. Sheppard, on the briefs). John M. Donnelly argued the cause for respondent (Levine, Staller, Sklar, Chan & Brown, P.A., attorneys; Mr. Donnelly and Mary Beth Clark, of counsel and on the brief). PER CURIAM
On September 9, 2014 defendant filed a Chapter 13 bankruptcy petition. Pursuant to the provisions of 11 U.S.C.A. §362(a), the filing of the petition operates as an automatic stay of actions and proceedings against debtor-respondent, in this case. No relief from the automatic stay has been obtained in the bankruptcy proceedings.
Accordingly, the appeal is dismissed without prejudice and without costs. Prior to the completion of the bankruptcy proceedings, either party may move before this court to reinstate this appeal, without costs, upon proof the Bankruptcy Court has vacated the automatic stay or other good cause shown. Upon completion of the bankruptcy proceedings, either party may move before the court to reinstate this appeal, without costs, if the matter in controversy remains.
Dismissed. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION