DocketNumber: 14-18-00690-CV
Filed Date: 10/2/2018
Status: Precedential
Modified Date: 10/3/2018
Motion disposed and Abatement Order filed October 2, 2018 In The Fourteenth Court of Appeals ____________ NO. 14-18-00690-CV ____________ KEEBLE LOVALL & LIZ YOUNG, Appellant v. U.S. BANK NATIONAL ASSOCIATION, NOT IN IT'S INDIVIDUAL CAPACITY BUT SOLEY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT, Appellee On Appeal from the County Court at Law No. 5 Fort Bend County, Texas Trial Court Cause No. 18-CCV-061841 ABATEMENT ORDER Notice was filed on August 23, 2018 that appellant is in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on June 15, 2017, appellant petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 17-CV-1821. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. Tex. R. App. P. 8.2. Accordingly, we ORDER the appeal abated. When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. Tex. R. App. P. 8.3. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion.Id. A party
filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a). For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court. PER CURIAM