Sears, Roebuck and Co. v. Teresa Hays

NUMBER 13-17-00164-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
SEARS, ROEBUCK AND CO., Appellant,
v.
TERESA HAYS, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 2
of Nueces County, Texas.
____________________________________________________________
ORDER
Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam
On October 24, 2018, appellant, Sears, Roebuck and Co., filed a notice of
bankruptcy filing and imposition of automatic stay in this appeal. According to the notice,
appellant filed a bankruptcy petition on October 15, 2018, in the United States Bankruptcy
Court for the Southern District of New York.
Upon the filing of a bankruptcy petition, an automatic stay becomes effective which
prohibits the commencement or continuation of any judicial action or proceeding against
the debtor and any property within the debtor's bankruptcy estate. See 11 U.S.C.A. §
362(a). Pursuant to Rule 8.2 of the Texas Rules of Appellate Procedure, the appeal is
suspended. See TEX. R. APP. P. 8.2.
Accordingly, this appeal is ABATED until further order of this Court. Any
documents filed subsequent to the bankruptcy petition will remain pending until the appeal
is reinstated. The parties are directed to take such action as is appropriate to advise the
Court of any change in the status of the bankruptcy proceeding which would affect the
status of this appeal, including but not limited to, the filing of a motion to reinstate pursuant
to Texas Rule of Appellate Procedure 8.3. See id. 8.3.
PER CURIAM
Delivered and filed the
29th day of November, 2018.
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