Opinion
No. 03-04-00683-CV
Filed: April 27, 2007.
Appealed from the District Court of Hays County, 207th Judicial District, NO. 02-1748, Honorable Jack H. Robison, Judge Presiding.
Before Chief Justice LAW, Justices PURYEAR and HENSON.
MEMORANDUM OPINION
Appellant Save Our Springs Alliance (SOS) has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, Austin Division, chapter 11). Accordingly, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8. Any party may file a motion to reinstate upon the occurrence of an event that would allow the case to proceed. See Tex. R. App. P. 8.3. Failure to notify this Court of a lift of the automatic stay or the termination of the bankruptcy case may result in the dismissal of the cause for want of prosecution. See Tex. R. App. P. 42.3(b).
Actions taken in violation of the automatic bankruptcy stay are void even if there is no actual notice of the existence of the stay. Wallen v. State, 667 S.W.2d 621, 623 (Tex.App.-Austin 1984, no writ). Accordingly, in an abundance of caution, although we have not received a copy of the filing from the parties, we have viewed the filing as made available on the Internet. See SOS Voluntary Petition, at http://alt.coxnewsweb.com/statesman/pdf/04/041007_sos.pdf (last visited on April 25, 2007).