Opinion
05-23-00663-CV
08-01-2024
CARL DORVIL, Appellant v. NORTH TEXAS CAPITAL PARTNERS, LP, Appellee
On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-09184
ORDER
BILL PEDERSEN, III JUSTICE
We abated this appeal on July 17, 2023, due to appellant's bankruptcy, and reinstated it on May 30, 2023. The reinstatement followed appellee's motion asserting appellant had been discharged from the bankruptcy proceeding and appellant's failure to file a response despite being given an opportunity to do so.
Arguing we improperly reinstated the appeal because an adversary proceeding concerning the debt at issue in the appealed judgment remains pending in the bankruptcy court, appellant has filed a letter, which we construe as a motion, seeking an abatement of the appeal. Appellee has filed a response, maintaining the appeal was properly reinstated despite the pending adversary proceeding.
A reply to appellee's response was also filed.
We note that under the automatic stay provision of the Bankruptcy Code, the automatic stay in a "case under chapter 7 of [the Code] concerning an individual[,]" as appellant's bankruptcy case is, continues until the time a discharge is granted or denied subject to exceptions seemingly inapplicable here and not urged by appellant. See 11 U.S.C.A. § 362(c)(2)(C). Nonetheless, because action taken in violation of the automatic bankruptcy stay is void, York v. State, 373 S.W.3d 32, 39-40 (Tex. 2012), we once more ABATE the appeal. See TEX. R. APP. P. 8.2. The appeal may be reinstated upon the filing of a certified copy of an order from the bankruptcy court confirming the stay has been terminated and the appeal may proceed. See 11 U.S.C.A. § 362(j); TEX. R. APP. P. 8.3.