Darlene C. Amrhein v. Attorney Lennie F. Bollinger, and Worminton & Bollinger Law Firm

Order entered July 3, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00567-CV
DARLENE C. AMRHEIN, Appellant
V.
ATTORNEY LENNIE F. BOLLINGER AND WORMINTON & BOLLINGER LAW
FIRM, Appellees
On Appeal from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-02654-2017
ORDER
Before the Court is appellant’s June 25, 2019 notice informing the Court she has filed for
bankruptcy and appellees’ July 2, 2019 response. Under Texas Rule of Appellate Procedure 8.2,
a bankruptcy suspends the appeal. See TEX. R. APP. P. 8.2. However, under appellate rule 8.3,
an appeal suspended by bankruptcy may proceed if federal law or the bankruptcy court permits
it. See id. 8.3. As appellees note in their response, the Bankruptcy Code’s automatic stay, upon
which appellate rule 8 is based, applies only to proceedings against the debtor. See 11 U.S.C. §
362(a)(1); Hearing Transcript, Supreme Court Advisory Committee 4010 (Nov. 18, 1994), 5224
(Jan. 20, 1995).
The underlying suit in this appeal was filed by appellant. Accordingly, the appeal will
proceed.
/s/ ERIN A. NOWELL
JUSTICE