Opinion
01-22-00723-CV
01-05-2023
Guadalupe Zermeno and Ildefonso Zermeno v. Carolyn Stone
Trial court: 234th District Court of Harris County Trial court case number: 2022-33380-7
ORDER REGARDING BANKRUPTY STAY
April Farris, Judge.
Appellants, Guadalupe Zermeno and Ildefonso Zermeno, filed a notice of appeal from the trial court's October 3, 2022 "Order Granting [Appellee Carolyn] Stone's Motion to Dismiss [Appellants'] Original Petition for Bill of Review." On December 19, 2022, appellant, Ildefonso Zermeno, filed a "Notice of Suggestion of Bankruptcy," notifying the Court that on September 5, 2022, a Chapter 13 Bankruptcy Petition had been filed on his behalf in the United State Bankruptcy Court for the Southern District of Texas, Houston Division. Appellant's suggestion of bankruptcy states that the bankruptcy bears the case number 2209-32621.
Pursuant to appellant's Notice of Suggestion of Bankruptcy, this appeal is stayed. See 11 U.S.C. § 362(a) (automatic stay in bankruptcy). Until the parties notify the Court that the bankruptcy proceedings have concluded and move to reinstate the appeal, the Court will take no further action other than to receive and hold any documents submitted to the Clerk of this Court. See Tex. R. App. P. 8.2 (providing bankruptcy "suspends the appeal and all periods in these rules from the date when the bankruptcy petition is filed until the appellate court reinstates or severs the appeal in accordance with federal law"); see also Budzyn v. Citibank (S.D.), N.A., No. 01-08-00211-CV, 2010 WL 2044628, at *1 (Tex. App.-Houston [1st Dist.] May 19, 2010, no pet.) (mem. op.) (staying "entire appeal" pending bankruptcy proceedings).
Accordingly, this appeal is stayed and will be removed from the Court's active docket until a party successfully moves to reinstate the appeal or sever the appeal with respect to the bankrupt party. See Tex. R. App. P. 8.3.
It is so ORDERED.