In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-12-00480-CV
INITIATIVES HEALTHCARE, INC., A DELAWARE CORPORATION, INITIATIVES
HEALTHCARE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.,
APPELLANTS
V.
DIVLEND EQUIPMENT LEASING, L.L.C., APPELLEE
On Appeal from the 72nd District Court
Lubbock County, Texas
Trial Court No. 2012-502,283, Honorable Ruben Gonzales Reyes, Presiding
May 8, 2013
ORDER ON NOTICE OF BANKRUPTCY
Before CAMPBELL AND HANCOCK AND PIRTLE, JJ.
This is an accelerated appeal from the trial court’s interlocutory order denying
special appearances filed by Appellants, 1 Initiatives Healthcare, Inc., Initiatives
Healthcare, LLC, John Edward McEachern, Dario Lorenzo Lizarraga, Michael F.
Boyer, and Gary Faulkner in a suit brought by Appellee, Divlend Equipment Leasing,
1
See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (W EST SUPP. 2012).
L.L.C. on guaranty agreements executed by Appellants. The clerk’s record and briefs
have been filed.
On April 22, 2013, Faulkner filed a Notice of Bankruptcy in this Court
accompanied by a copy of the first page of his voluntary petition for bankruptcy which
shows that on that same date, he filed for bankruptcy under chapter 7 of the United
States Bankruptcy Code in Case No. 4:13-bk-06419. The proceeding was filed in the
United States Bankruptcy Court for the District of Arizona and is styled Gary L. Faulkner
and Nancy Jo Zinda, Debtors.
Pursuant to 11 U.S.C. § 362, an automatic stay is imposed prohibiting the
continuation of any judicial action or proceeding against a debtor. Per Rule 8.2 of the
Texas Rules of Appellate Procedure, this appeal is suspended as to all parties. For
administrative purposes, the appeal is removed from this Court’s docket and abated.
Any documents filed subsequent to the bankruptcy petition will remain pending until
such time as the appeal is reinstated.
The parties are directed to take appropriate action to advise the Clerk of this
Court of any change in the status of Faulkner’s bankruptcy proceeding which would
affect this appeal. This appeal will be reinstated upon proper motion showing that the
stay has been lifted or terminated by the United States Bankruptcy Court for the District
of Arizona. A certified copy of the order lifting or terminating the stay must be attached
to that motion. See Tex. R. App. P. 8.3(a).
2
A party may move to sever the appeal with respect to the bankrupt party and
reinstate the appeal with respect to the other parties in accordance with federal law.
See Tex. R. App. P. 8.3(b).
Per Curiam
3