Marcos Montalvo A/K/A Jose Marcos Montalvo v. Manuel Guerra and Rosita Guerra

NUMBER 13-18-00565-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
MARCOS MONTALVO A/K/A
JOSE MARCOS MONTALVO, APPELLANT,
v.
MANUEL GUERRA AND ROSITA
GUERRA, APPELLEES.
____________________________________________________________
On appeal from the 206th District Court
of Hidalgo County, Texas.
____________________________________________________________
ORDER
Before Chief Justice Valdez and Justices Longoria and Hinojosa
Order Per Curiam
The parties have notified this Court that appellant Jose Marcos Montalvo has filed
for protection in bankruptcy. According to the notice, appellant filed a bankruptcy petition
on April 27, 2016, in the United States Bankruptcy Court for the Southern District of Texas,
McAllen Division.
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
6th day of November, 2018.
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