Opinion
DOCKET NO. A-3037-12T1
06-13-2014
WELLS FARGO BANK,N.A., Plaintiff-Respondent, v. PAMELA JANE MILLER, Defendant-Appellant, and MR. MILLER, HUSBAND OF PAMELA JANE MILLER, CHRISTIAN HEALTH CARE CENTER, JOSEPH TRABACCONE, HAND SURGERY AND REHAB CENTER, PALISADES COLLECTION, LLC and DAVID ALLAN MILLER, AS EXECUTOR, Defendants.
Robert E. Kingsbury, attorney for appellant. Reed Smith, LLP, attorneys for respondent (Henry F. Reichner, of counsel and on the brief; Alex G. Gross, on the brief).
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Before Judges Lihotz and Hoffman.
On appeal from Superior Court of New Jersey, Chancery Division, Burlington County, Docket No. F-025128-09.
Robert E. Kingsbury, attorney for appellant.
Reed Smith, LLP, attorneys for respondent (Henry F. Reichner, of counsel and on the brief; Alex G. Gross, on the brief). PER CURIAM
On April 10, 2014, appellant 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-appellant, 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 completion of the bankruptcy proceedings, either party may move before this court to reinstate this appeal, without costs, upon proof the Bankruptcy Court has lifted the automatic stay or other good cause shown. Upon completion of the bankruptcy proceedings, either party may move before this 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