11 U.S.C. § 362

Section 362(a)(1) stays a debtor’s appeal from a judgment on a counterclaim brought against the debtor, even when the debtor filed the original complaint.

Parker v. Bain · filed 1995-09-28(a)(1)

We conclude that Parker’s appeal from the grant of summary judgment in favor of the Plan on the Plan’s counterclaim against Parker is stayed.

Section 362(a)(1) does not stay a debtor's appeal from the dismissal of a claim brought by the debtor against another party.

Parker v. Bain · filed 1995-09-28(a)(1)

We therefore hold that Parker's appeal from the dismissal of his claim against Bank of America is not stayed and proceed to discuss the merits of that aspect of this appeal.

Section 362’s automatic stay applies to a pending appeal of a civil contempt judgment against a debtor who has filed a bankruptcy petition.

Robert Tyer and Associates, Inc. v. Environmental Dynamics · filed 1996-05-09

Because Tyer has now filed a bankruptcy petition, it appears that the automatic stay provision of 11 U.S.C. § 362 is also applicable in appeal no. 96-1324.

An order modifying the automatic stay under § 362(d) is appealable just as an order annulling the stay is.

Ebel v. Ebel (In Re Ebel) · filed 1996-03-26(d)

Section § 362(d) permits the bankruptcy court to grant relief from the automatic stay by “terminating, annulling, modifying, or conditioning [it].” The “modification” allowed by the court in this case was no less appealable than an “annulment” would have been.

Section 362(a)(1) does not stay an appeal that continues an action initiated by the debtor, because the action is not against the debtor.

Shah v. Glendale Federal Bank · filed 1996-04-29(a)(1)

The continuation of that action by way of this appeal is not “against the debtor” and is not subject to the automatic stay resulting from plaintiffs’ bankruptcy.

Section 362(a)(1) automatically stays a pending appeal against a defendant who files a Chapter 7 bankruptcy petition.

Warfield v. Terry · filed 1997-04-17(a)(1)

Subsequent to the filing of his brief, John Terry filed a chapter 7 bankruptcy petition, and thus the appeal with respect to him is automatically stayed (see, 11 USC § 362 [a] [1]).

Section 362(a)(1) stays an appeal against a debtor, but does not stay the debtor’s own appeal or proceedings against solvent codefendants.

Mason v. Oklahoma Turnpike Authority · filed 1997-06-11(a)(1)

Thus, Young’s bankruptcy has no affect on our disposition of the appeal brought by Young, Scott, and the OTA. ... Accordingly, we decide the issues presented by Mason’s cross-appeal with respect to the OTA and Scott, but stay further proceedings in the cross-appeal with respect to Young.

Section 362(a)(1) stays resolution of a cross-appeal against a defendant who files for bankruptcy during the appeal, while independently liable solvent co-defendants remain subject to resolution.

Mason v. Oklahoma Turnpike Authority · filed 1997-06-11(a)(1)

For the same reason expressed in that opinion, and in accordance with 11 U.S.C. § 362(a)(1), we stay the resolution of Mason's cross-appeal with respect to Young. However, because Young's solvent co-defendants are independently liable for the attorney's fees awarded by the district court, we decide Mason's cross-appeal with respect to Scott and the OTA.

Section 362(a)(1) stays an appeal when the original proceeding was against the debtor, regardless of whether the debtor is the appellant or appellee.

Taylor v. BARNETT BANK OF NORTH CENT. FL. · filed 1998-09-04(a)(1)

We find that the automatic stay provision of the federal Bankruptcy Code applies on appeal regardless of whether the debtor is an appellant or an appellee and acknowledge that there is an automatic stay under these circumstances. ... Accordingly, because appellants have filed a suggestion of bankruptcy and the original proceedings were against them, the proceedings in this cause are stayed until such time as the stay imposed by 11 U.S.C. § 362 is lifted or dissolved.

Section 362 does not stay an appeal prosecuted by the bankrupt parties as appellants.

Morganroth & Morganroth v. DeLorean · filed 2000-06-05

Both sides assert that because the bankrupts are the appellants herein, this proceeding is not affected by the automatic stay. We agree.

Section 362(a) stays an action against a party that files for Chapter 11 bankruptcy while the action is on appeal.

King, Michael R. v. Tecumseh Metal · filed 2000-06-30(a)

The action is therefore stayed as to Tecumseh, 11 U.S.C. sec. 362(a), leaving NHRC as the only appellee before us.

Section 362(a) stays an action as to an appellee that files for Chapter 11 bankruptcy after judgment, leaving the appeal to proceed against the remaining appellee.

Michael R. King, Mark D. Urbanski, Donald E. Renfro v. National Human Resource Committee, Inc. · filed 2000-06-30(a)

After the judgment was entered, Tecumseh itself filed a petition for reorganization under chapter 11 of the Bankruptcy Code. The action is therefore stayed as to Tecumseh, 11 U.S.C. § 362(a), leaving NHRC as the only appellee before us.

Section 362(a) does not automatically stay an appeal when the debtor is the appellant.

Cruise Holdings, Ltd. v. Mathiesen · filed 2001-03-07(a)

This court has, however, taken the position that when the debtor is the appellant, the automatic stay is inapplicable. ... Based on Shop in the Grove, this court declined to apply the automatic stay provision to this appeal, but instead granted extensions of time which were requested on the appellant’s behalf.

Section 362 automatically stays an appeal as to a party that has filed for bankruptcy.

Jensen v. Rice · filed 2002-03-13

With regard to the SFL, the company's filing for bankruptcy operates as an automatic stay. 11 U.S.C. § 362. Accordingly, this appeal is stayed as to the SFL.

The automatic stay applies to appeals from judgments in actions originally filed against a debtor.

Fuchs v. Perrillo · filed 2002-07-01

The automatic stay applies to appeals taken from judgments entered in actions originally filed against debtors.

Section 362 stays an appeal as to a party in bankruptcy, and that party’s appeal may be severed from the appeal of another party.

McMeans v. Scripps Health, Inc. · filed 2002-11-26

In accordance with this court's orders of June 11, 2001 and July 24, 2002, this appeal is stayed as to MLR under title 11 United States Code section 362 and MLR's appeal is severed from that of Scripps.

Section 362 automatically stays further action in an appeal when the appellee files a Chapter 7 petition.

Covenant Hospital Plainview F/K/A Methodist Hospital Plainview v. Carty · filed 2003-03-21

Pursuant to 11 U.S.C. § 362, any further action in this appeal is automatically stayed.

Section 362’s automatic stay suspends a pending appeal when the defendant-appellant files for bankruptcy protection, until an event permits reinstatement.

Sandra Sue Hunter Reed v. Hepker · filed 2003-09-25

In accordance with the automatic stay, 11 U.S.C. § 362, and Texas Rule of Appellate Procedure 8, this appeal is suspended until an event occurs that would allow the appeal to be reinstated.

Section 362 automatically stays further action in an appeal when the debtor files for bankruptcy.

Double Ace, Inc., and Matthew Pope and Alyssa Womack and Donna Pope v. Bennie Dale Pope and Michael Deardorff · filed 2004-01-28

Pursuant to 11 U.S.C. § 362, any further action in this appeal is automatically stayed.

Section 362 automatically stays further action in a pending appeal after a party subject to the appeal files for bankruptcy.

Double Ace, Inc., Matthew Pope, Alyssa Womack, and Donna Pope v. Bennie Dale Pope and Michael Deardorff · filed 2004-01-28

Pursuant to 11 U.S.C. § 362, any further action in this accelerated appeal is automatically stayed.

Section 362(a)(1) stays appeals in actions originally brought against the debtor, even when the debtor files the appeal.

In Re: Ralph T. Byrd, Debtor, Platinum Financial Services Corporation, Roger Schlossberg, Chapter 7 Trustee, Trustee-App · filed 2004-02-11(a)(1)

The plain language of Section 362 stays appellate proceedings in actions originally brought against the debtor, even when it is the debtor who files the appeal.

The automatic stay applies to an appeal involving a corporation whose ownership is awaiting resolution in bankruptcy court.

Currey Aviation Services, Inc. v. John E. Simmons and Captex Land Corporation · filed 2004-05-06

It appears the the bankruptcy automatic stay applies to this case. See 11 U.S.C. § 362; Tex. R. App. P. 8. The appeal is abated and will be shown as inactive on our docket until an event occurs which allows its reinstatement.

Section 362(a) stays a pending appeal when the appellee files for Chapter 11 bankruptcy.

Coshott v. Schlotzsky's, Inc. · filed 2004-08-31(a)

Appellant Robert Gilbert Coshott has notified this Court that he has received notice as a creditor that appellee Schlotzsky's, Inc., has filed a Chapter 11 bankruptcy proceeding in the United States Bankruptcy Court for the Western District of Texas. Accordingly, the case is abated. See 11 U.S.C. § 362(a); Tex. R. App. P. 8.2.

Section 362(a) stays a debtor’s appeal from a judgment on a counterclaim against it when the debtor files a bankruptcy petition.

Prod-X Distributors, Inc. v. Capitol Resource Funding, Inc. · filed 2004-10-20(a)

However, because Prod-X has filed a bankruptcy petition, we stay the appeal of the district court’s judgment in favor of Defendant on its counterclaim against Prod-X. See 11 U.S.C. § 362(a) (2000).

Section 362's automatic stay suspends an appeal against a debtor until an event permits reinstatement.

Jimmie Luecke Children Partnership, Ltd. v. Elaine Pruncutz, John Pruncutz and Amy Peters · filed 2005-01-27

In accordance with the automatic stay under federal law and the state rules of appellate procedure, this appeal is suspended until an event occurs that would allow the appeal to be reinstated.

The automatic stay suspends a pending appeal until an event occurs that permits reinstatement.

Dan G. Bach and DGB Technologies, Inc. v. Adam · filed 2005-01-27

In accordance with the automatic stay under federal law and the state rules of appellate procedure, this appeal is suspended until an event occurs that would allow the appeal to be reinstated. 11 U.S.C. § 362; Tex. R. App. P. 8.2.

A pending appeal subject to Section 362(a)'s automatic stay is abated upon notice of a party's Chapter 13 bankruptcy filing.

Berg v. Standridge · filed 2005-02-11(a)

Appellant Barbara Berg has notified this Court that she has filed a Chapter 13 bankruptcy proceeding, Number 05-10451, United States Bankruptcy Court, Western District of Texas. Accordingly, the case is abated. See 11 U.S.C. § 362(a); Tex. R. App. P. 8.3.

Section 362(a)(1) stays an appeal initiated by a debtor when the underlying action was originally brought against the debtor.

Citizens Bank of Pennsylvania v. Myers · filed 2005-03-24(a)(1)

Therefore, as the action was originally brought against Fekos, the appeal initiated by him comes within the purview of § 362 and must be stayed.

Section 362 automatically stays continuation of a pending appeal against a debtor upon the filing of a bankruptcy petition.

Dale Sue Jones and Stanley Ray Jones v. Ted Scott, M.D. · filed 2005-03-07(a)(1)

Pursuant to 11 U.S.C. § 362, an automatic stay is imposed prohibiting the commencement or continuation of any judicial actions or proceedings against a debtor. Pursuant to Rule 8.2 of the Texas Rules of Appellate Procedure, the appeal is suspended.

Section 362 stays a debtor’s appeal from a judgment against him but does not stay the appeals of nonbankrupt codefendants.

Central Building, LLC v. Cooper · filed 2005-03-25(a)(1)

Ben Fernandez subsequently petitioned for chapter 13 bankruptcy. The petition, which is still pending, stayed Fernandez’s appeal. ... We decide only the appeals of Don D. Cooper and Robert H. Cooper in this opinion.

Section 362 requires abatement of a pending appeal when the appellant files a bankruptcy petition.

Boggess v. Boggess · filed 2005-04-21

Appellant Jeffrey R. Boggess has notified this Court that he has filed a petition for bankruptcy (Cause No. 0543010, United States Bankruptcy Court, N.D. Texas, Fort Worth Division). Accordingly, the appeal is abated. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362’s automatic stay requires abatement of a pending appeal against a debtor upon its bankruptcy filing.

Aramark Management Services Limited Partnership v. the Brown Schools Management Corporation · filed 2005-05-26

Accordingly, the appeal is now abated based on the bankruptcy stay.

The automatic stay applies to a debtor’s pending appeal upon the filing of a chapter 13 bankruptcy petition.

Vercher v. Walter Mortgage Company · filed 2005-09-16

Appellant Ava Vercher has notified this Court that she has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, chapter 13, case number 05-15276). Accordingly, her appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362's automatic stay can suspend a pending appeal when the appellant files for Chapter 11 bankruptcy protection.

Yeckel v. Greg Abbott, Attorney General of the State of Texas and the Carl B. and Florence E. King Foundation · filed 2005-10-13

Appellant Carl L. Yeckel has notified this Court that he has filed for bankruptcy protection (United States Bankruptcy Court, N.D. Texas, chapter 11, case number 05-39136-SAF-11). Accordingly, his appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362's automatic stay applies to a pending appeal when the appellant files for Chapter 7 bankruptcy protection.

Conley v. Conley · filed 2005-10-21

Appellant Douglas K. Conley has notified this Court that he has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, chapter 7, case number 05-18994). Accordingly, his appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362(a)(1)'s automatic stay applies to a pending appeal in an action against a debtor that files for bankruptcy during the appeal.

Spirit Airlines v. NW Airlines Inc · filed 2005-11-09(a)(1)

During the pendency of this appeal, Northwest filed for bankruptcy. The automatic stay under 11 U.S.C. § 362(a)(1) applies to this appeal.

Section 362(a)(1)'s automatic stay applies to a pending appeal against a defendant that files for bankruptcy.

Spirit Airlines, Inc. v. Northwest Airlines, Inc. · filed 2005-11-09(a)(1)

During the pendency of this appeal, Northwest filed for bankruptcy. The automatic stay under 11 U.S.C. § 362(a)(1) applies to this appeal In re Delta Airlines, 310 F.3d 953, 956 (6th Cir.2002).

The automatic stay requires abatement of an appeal when the appellees file a bankruptcy petition while postjudgment motions remain pending.

Anderson Mill Municipal Utility District v. Robbins · filed 2005-11-22

Before we could act on these pending motions, the Robbinses notified this Court that they have filed a petition for bankruptcy (Cause No. 0518572, United States Bankruptcy Court, W.D. Texas). We therefore abate this appeal. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362(a)(1) stays an appeal in an action against a defendant that files for bankruptcy while the appeal is pending.

Spirit Airlines, Inc. v. Northwest Airlines, Inc. · filed 2005-12-15(a)(1)

During the pendency of this appeal, Northwest filed for bankruptcy. The automatic stay under 11 U.S.C. § 362(a)(1) applies to this appeal.

Section 362 stays an appeal against a defendant that files for bankruptcy while permitting the appeal to proceed against a nondebtor defendant.

Feathers v. Willamette Industries, Inc. · filed 2006-01-18

Because Benchmark is subject to a stay pursuant to 11 U.S.C. § 362 of the Bankruptcy Code, the Featherses’ appeal is stayed as to Benchmark. See Vogel v. U.S. Office Prods. Co., 258 F.3d 509, 513-14 (6th Cir. 2001). This court thus will only address the Featherses’ claims against Willamette.

Section 362(a) stays a pending appeal when the appellant files for bankruptcy.

Hofferber v. Sharon Kerby and Wesley Kerby · filed 2006-02-23(a)

Accordingly, his appeal is stayed. See 11 U.S.C. § 362(a) (West 2004); Tex. R. App. P. 8.2.

Section 362 stays a pending appeal when the appellant files for Chapter 11 bankruptcy protection.

Save Our Springs Alliance v. City of Dripping Springs · filed 2007-04-27

Appellant Save Our Springs Alliance (SOS) has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, Austin Division, chapter 11). (1) Accordingly, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362's automatic stay applies to an appeal when the appellant files for bankruptcy protection.

Conley v. Conley · filed 2007-04-27

Appellant Douglas K. Conley has notified this Court that he has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, case number 05-18994). Accordingly, his appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362 stays a pending appeal upon the appellant's filing for Chapter 13 bankruptcy protection.

Gladle v. Dustin Leifheit, Samantha Leifheit and Darryl Leifheit · filed 2007-05-18

Appellant Frederic A. Gladle has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, Chapter 13, No. 07-10570-frm). Accordingly, the appeal is stayed.

Section 362's automatic stay applies to a pending appeal upon an appellant's filing for bankruptcy protection.

The Estate of Derrich D. Pollock, Deceased v. Moyer · filed 2007-10-03

Thus, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362 automatically stays further action in a pending appeal when the appellee files for bankruptcy.

Garrett Shores D/B/A Three Brush Construction v. Larry Cathey D/B/A Texas Tree & Landscape · filed 2007-12-12

Further action in this appeal is automatically stayed.

Section 362(a) automatically stays pending appellate proceedings upon the filing of a bankruptcy petition.

International Metal Sales, Inc. v. Global Steel Corporation and Global Steel Corp. · filed 2008-01-17(a)

The filing of a bankruptcy petition automatically stays these proceedings.

Section 362 automatically stays further action in an appeal when the appellants file for bankruptcy.

Margaret Meece and Patrick Meece v. OCC Construction Corporation · filed 2008-10-29

Appellants Margaret Meece and Patrick Meece have filed a bankruptcy proceeding. TEX. R. APP. P. 8.1. Further action in this appeal is automatically stayed. See 11 U.S.C. § 362.

Section 362 automatically stays further action in an appeal affected by a debtor's bankruptcy filing, allowing the appeal to be abated until further order.

in Re N&T Specialty Welding & Manufacturing, Inc., Relator · filed 2008-11-26

Pursuant to 11 U.S.C. § 362, any further action in this appeal is automatically stayed. Under these circumstances, and for administrative purposes, the court orders that the appeal be abated and removed from the docket of this Court until further order.

Section 362(a)(1) permits dismissal of an appeal without prejudice as the functional equivalent of a stay when the appeal can resume where it left off and dismissal places no additional burdens on the debtor.

In Re Lyondell Chemical Co. · filed 2009-03-18(a)(1)

But however often or rarely it is done, for whatever reasons appellate courts do it, and however they regard it, I conclude that dismissal of an appeal without prejudice — as contrasted to staying it — was not violative of the automatic stay when dismissal without prejudice was ordered as a means of attempting to comply with the need to stay the appeal. ... So long as the appeal can be resumed where it left off and no further burdens are placed on the debtor, the needs and concerns of the debtor, and the bankruptcy court, are equally satisfactorily addressed by either means of responding to the automatic stay.

Section 362 stays a pending appeal when the appellant files for bankruptcy protection.

Paulson v. Classic Floors of Texas Inc. · filed 2009-05-22

Appellant Stacy Paulson has notified this Court that she has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, case number 09-10948). Accordingly, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362(a) stays a pending appeal after an appellant files for bankruptcy.

American Housing Foundation; Credit Realty Partners XI, Ltd.; Austin Fairway Village, Ltd.; and Austin Santa… · filed 2009-08-07(a)

Appellant American Housing Foundation filed a notice of bankruptcy with this Court (United States Bankruptcy Court, N.D. Texas, case number 09-20232-11). Accordingly, its appeal is stayed and appellants’ counsel’s motion to withdraw is granted. See 11 U.S.C. § 362(a) (West 2004); Tex. R. App. P. 8.2.

Section 362 automatically stays further action in a pending appeal when an appellee files for bankruptcy.

McLennan County Appraisal District v. American Housing Foundation, Waco Parkside Village, LTD. and Waco Robinson Garden, · filed 2009-08-19

Appellee American Housing Foundation has filed a bankruptcy proceeding. Tex. R. App. P. 8.1. Further action in this appeal is automatically stayed. See 11 U.S.C. § 362.

Section 362(a) stays a pending appeal when an appellee files a notice of bankruptcy.

Pflugerville Fox Run Limited Partnership, Pflugerville Metairie Limited Partnership and Pflugerville… · filed 2010-03-11(a)

Appellee Atrium Aluminum Products filed a notice of bankruptcy with this Court. Accordingly, this appeal is stayed. See 11 U.S.C. § 362(a) (West 2004); Tex. R. App. P. 8.2.

Section 362(a) stays an appeal against defendants that have filed a bankruptcy petition.

Whitehead v. Paramount Pictures, Inc. · filed 2010-02-12(a)

Because Midway Games and Midway Home Entertainment filed a bankruptcy petition, we stay the appeal as to these Appellees. See 11 U.S.C. § 362(a) (2006).

Section 362’s automatic stay does not bar an appeal prosecuted by the debtor.

Heil v. Iron County · filed 2010-04-27

The bankruptcy stay does not apply to this appeal filed by the debtors.

Section 362(a) suspends a pending appeal when the appellants file for bankruptcy.

Niteclubs Enterprises, Inc. and Warren H. Dronebarger v. Gregory L. Winborn and Cherub Enterprises, Inc. · filed 2010-05-04(a)

Accordingly, their appeal is suspended because of the automatic bankruptcy stay.

Section 362 stays a pending appeal when a party files for bankruptcy protection.

Gharbi v. Hemmasi · filed 2010-05-27

Accordingly, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362 stays a pending appeal when an appellant files for bankruptcy protection.

Peter D. Wagner and Charlotte Jockman v. Deutsch Bank National Trust Company · filed 2010-07-13

Appellant Peter D. Wagner has notified this Court that he has filed for bankruptcy protection (United States Bankruptcy Court, W.D. Texas, case number 10-11065 CG). Accordingly, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362 can stay an appeal while bankruptcy proceedings are pending.

Sorkin v. Universal Building Products · filed 2010-09-16

(1) The motion is granted This appeal is stayed pur- suant to 11 U.S.C. § 362.

Section 362(a) suspends a pending appeal when the appellant’s bankruptcy filing triggers the automatic stay.

Antonio Labrado, Jr. D/B/A Sunset Enterprises v. the University of Texas at El Paso · filed 2011-01-27(a)

Thus, his appeal is suspended pursuant to the statutory automatic stay. See 11 U.S.C. § 362(a) (West 2004 & Supp. 2010); Tex. R. App. P. 8.

Section 362(a) stays an appeal challenging the denial of a counterclaim against a party in bankruptcy.

JPMorgan Chase Bank, N.A. v. KB Home Nevada Inc. · filed 2012-02-29(a)

Meritage’s appeal of the denial of its motion to vacate the arbitration award’s denial of its counterclaim against South Edge, LLC is stayed pursuant to 11 U.S.C. § 362(a).

Section 362(a) stays a pending appeal when the appellant files for Chapter 7 bankruptcy.

DeRouen v. Bryan · filed 2012-01-11(a)

Appellant Derrit DeRouen filed a notice of bankruptcy with this Court (United States Bankruptcy Court, W.D. Texas, chapter 7, docket number 11-12818). Accordingly, this appeal is stayed. See 11 U.S.C. § 362(a) (West 2004 & Supp. 2011); Tex. R. App. P. 8.2.

Section 362(a) automatically stays a pending action against a defendant who files a bankruptcy petition.

Glenwood Halsted LLC v. Village of Glenwood · filed 2012-04-02(a)

On February 16, 2012, Gayden filed a bankruptcy petition, which automatically stays this action against Gayden.

Section 362 automatically stays further action in a pending appeal against a debtor after the debtor files a bankruptcy petition.

Hodges v. Federal National Mortgage Association · filed 2012-05-16(a)(1)

Further action in this appeal has been automatically stayed.

Section 362(a) stays a pending state-court appeal affected by a bankruptcy filing.

RSL Funding, LLC v. Gregory S. Everett, the Prudential Insurance Company of America and PRUCO Assignment Corporation · filed 2012-11-16(a)

The above-referenced appeal is stayed due to bankruptcy. See 11 U.S.C. § 362(a) (2011) (automatic stay in bankruptcy).

When § 362(a)(1)’s automatic stay affects a pending appeal, the appeal may be remanded until the bankruptcy court ends the stay, grants relief, or determines that it does not apply.

James Allen Zow, Sr. v. Regions Financial Corporation D/B/A Regions Mortgage · filed 2012-12-21(a)(1)

Therefore, it is hereby ordered that this case be REMANDED to the trial court until such time as the bankruptcy court terminates the automatic stay; grants appropriate relief from the automatic stay; or otherwise determines that the provisions of the automatic stay do not apply to the parties or issues involved in this appeal.

Section 362 automatically stays further action in a pending appeal when a party to the judgment files for bankruptcy.

DMC Valley Ranch, LLC, DMC Frisco, L.L.C v. Hpsc, Inc. · filed 2013-02-14

Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362(a) stays further action in an appeal against a debtor who was a defendant below.

Okon Eyo Onyung, M.D. v. Comfort Nkasi Onyung · filed 2013-02-26(a)

Generally, if the debtor was the plaintiff in the court below, the stay does not apply; however, if the debtor was the defendant, as was the case here, any further action is stayed.

Section 362(a) automatically stays a pending appeal against a Chapter 11 debtor upon its bankruptcy filing, even if insurance proceeds could satisfy the claim.

Leonard v. Grubb & Ellis Equity Advisors · filed 2013-08-19(a)

As mandated by 11 U.S.C. § 362(a) of the Bankruptcy Code, this proceeding was automatically stayed when Grubb & Ellis filed its petition in New York. Moreover, under controlling federal bankruptcy law, the only court authorized to provide relief from the stay was the bankruptcy court in New York. There was simply no authority to allow this appeal to proceed while the bankruptcy stay was in effect. This court's lack of authority in the face of a federal bankruptcy stay is so regardless of whether insurance proceeds to satisfy the claim existed.

Section 362 automatically stays further action in a pending appeal when the appellant has filed for bankruptcy.

Broyhill Furniture Industries v. Randy Murphy and Dave Shaffer · filed 2013-09-18

Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362(a) stays a pending appeal involving a debtor who has filed for bankruptcy.

Bierwirth v. Federal National Mortgage Association A/K/A Fannie Mae · filed 2013-10-24(a)

Accordingly, this appeal is stayed. See 11 U.S.C. § 362(a); Tex. R. App. P. 8.2.

Section 362 automatically stays further action in a pending appeal when a party files a bankruptcy petition.

Timothy L. Barton and TR Carnegie Investments, LLC v. Diana Moraru and Adnan Sardar · filed 2013-11-18

Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362 automatically stays a debtor’s appeal when the underlying action was brought against the debtor.

Bossie v. Renee Lewis, Administratrix of the Estate of Brandon Maurice Harris · filed 2014-01-15(a)

Accordingly, all proceedings against Bossie are automatically stayed pursuant to section 362, including Bossie’s interlocutory appeal.

Section 362 automatically stays further action in a pending appeal when the appellant files a bankruptcy petition.

Turner v. American Homes 4 Rent Properties Two LLC, a Delaware Limited Liability Company · filed 2014-04-04

The Court has been notified that a petition for bankruptcy has been filed in the United States Bankruptcy Court concerning appellant Pamela D. Turner. Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362 automatically stays further action in an appeal when an appellant files a bankruptcy petition.

Oryon Technologies, Inc. and Oryon Technologies, LLC v. Marcus · filed 2014-05-09

Pursuant to 11 U.S.C. § 362, further action in this appeal is automatically stayed.

Section 362 stays an appeal arising from a proceeding initiated by the debtor when the proceeding includes attorney’s fees and sanctions awarded against the debtor.

Miller v. James Prince A/K/A James Smith · filed 2014-04-29

However, because the automatic stay of 11 U.S.C. § 362 only stays actions against a debtor, we issued an order on April 22, 2014 holding that this appeal was not stayed because appellant’s suggestion of bankruptcy failed to demonstrate that the appeal—which arises from a divorce proceeding initiated by appellant—involves an action against the appellant. ... On April 23, 2014, appellant filed a response, in the form of a motion for rehearing en banc, clarifying that attorney’s fees and sanctions were awarded against appellant in the underlying case. Upon consideration of appellant’s response, it is ORDERED that this appeal is stayed until a party notifies the Court that reinstatement is authorized by federal law or by the bankruptcy court and moves to reinstate the case.

Section 362(a)'s automatic stay permits dismissal of an appeal without prejudice when dismissal does not require reaching the merits and is consistent with the stay's protective purposes.

Fire Insurance Exch. v. Efficient Enterprises, Inc. · filed 2014-07-21(a)

Because a dismissal without prejudice will not require this court to reach the merits of this appeal and is not inconsistent with the primary purposes of the bankruptcy stay—to provide protection for debtors and creditors—we further conclude that such a dismissal will not violate the bankruptcy stay.

Section 362 automatically stays further action in a pending appeal when the appellant has filed for bankruptcy.

Evans v. Arthur · filed 2014-05-27

Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362(a) can stay a pending appeal when an appellee files for bankruptcy.

Inland American Round Rock University Oaks Limited Partnership v. North · filed 2014-08-15(a)

Accordingly, this appeal is stayed. See 11 U.S.C. § 362(a); Tex. R. App. P. 8.2.

Section 362 automatically stays further action in a pending appeal upon the appellant’s bankruptcy petition.

Parsa v. Walker · filed 2014-08-15

The Court has been notified that a petition for bankruptcy has been filed in United States Bankruptcy Court concerning appellant Hassan Parsa. Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362(a) does not bar dismissal of an appeal without consideration of its merits when dismissal is consistent with the stay’s purposes of protecting debtors and creditors.

Roussos v. Gilmore · filed 2014-09-30(a)

...merits of this appeal and is not inconsistent with the primary purposes of the bankruptcy stay—to provide protection for debtors and creditors—we further conclude that such dismissal will not violate the bankruptcy stay.

Section 362(a) can stay a pending appeal when an appellant files for bankruptcy protection.

Schroeder v. Eduardo S. Espinosa, in His Capacity as Receiver of Retirement Value, LLC · filed 2014-12-19(a)

Accordingly, the appeal is stayed. See 11 U.S.C. § 362(a); Tex. R. App. P. 8.2.

Section 362 automatically stays further action in a pending appeal when a bankruptcy petition is filed concerning the appellant.

Advantage Claims Recovery Group, Inc. v. Advanced Pain Care, M.D., Advanced Chiropractic Care, S.C., Advanced Pain and R · filed 2015-01-12

Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362(a)(1) stays a debtor's appeal of a proceeding brought against the debtor, including the filing of a notice of appeal in state court.

AmMed Surgical Equipment, LLC v. Professional Medical Billing Specialists, LLC · filed 2015-02-06(a)(1)

Although it was the defendant/debtor that filed the notice of appeal, the appeal is considered to be the continuation of a proceeding "against the debtor," under 11 U.S.C. § 362(a)(1).

Section 362(a) does not bar a court from dismissing an appeal when that dismissal does not violate the automatic stay.

Harveys Tahoe Mgmt. Co., Inc. v. Rahr-Wood · filed 2015-04-14(a)

... further conclude that such dismissal will not violate the bankruptcy stay.

Section 362(a) stays a pending appeal when the automatic stay is triggered by a party’s Chapter 13 bankruptcy filing.

Fischer v. Sam Ramsey, Nancy Ramsey, Kurt Ronacher and Melissa Ronacher · filed 2015-04-02(a)

This appeal is stayed pursuant to the Suggestion of Bankruptcy stating that appellant, Julie Fischer, has filed a petition for relief under Chapter 13 of Title 11, United States Code, in Case 15-31572, in the United States Bankruptcy Court for the Southern District of Texas, which appellant filed in this Court on March 30, 2015. See 11 U.S.C. § 362(a) (2000) (automatic stay in bankruptcy).

Section 362(a) stays a pending appeal when the appellant files a Chapter 13 bankruptcy petition.

Harris v. Highland Knolls Community Association · filed 2015-04-16(a)

This appeal is stayed pursuant to appellee Highland Knolls Community Association’s Notice of Stay, filed in this Court on April 14, 2015, stating that appellant, Latrice Harris, has filed a petition for relief under Chapter 13 of Title 11, United States Code, in Case 15-31978, In re Latrice Harris, in the United States Bankruptcy Court for the Southern District of Texas. See 11 U.S.C. § 362(a) (2000) (automatic stay in bankruptcy).

Section 362 stays a pending appeal when the appellant files for bankruptcy protection.

Da Oca v. Gutierrez · filed 2015-05-19

Accordingly, the appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.

Section 362(a) permits dismissal of an appeal when the dismissal does not require consideration of the appeal’s merits and is consistent with the purposes of the bankruptcy stay.

Airborne Media Grp., Inc. v. Chapman · filed 2015-05-29(a)

... merits of this appeal and is not inconsistent with the primary purposes of the bankruptcy stay—to provide protection for debtors and creditors—we further conclude that such dismissal will not violate the bankruptcy stay.

Section 362 automatically stays further action in a pending appeal when the appellant files for bankruptcy.

Pickens v. Thomas · filed 2016-04-25

Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Dickerson v. Republicano, Jr. · filed 2016-07-11(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362 automatically stays further action in a pending appeal when the appellant’s Chapter 7 bankruptcy case has been reopened.

Donald Cardwell and 121 Investments, L.L.C. v. Gurley · filed 2016-07-13

Pursuant to 11 U.S.C. § 362, further action in this cause is automatically stayed.

Section 362 automatically stays further action in a pending appeal when the appellant files for bankruptcy.

Brewer v. Texans Credit Union · filed 2016-07-15

Pursuant to 11 U.S.C. § 362, further action in this appeal was automatically stayed.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Jv Prop.'s, LLC v. Sv Litig. Spe, LLC · filed 2016-07-15(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Pinnacle Entm't., Inc. v. Skg Park at Spanish Ridge, LLC C/W 69975 · filed 2017-04-21(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) permits dismissal of a stayed appeal without prejudice when dismissal does not reach the merits and is consistent with protecting debtors and creditors.

Pinnacle Entm't., Inc. v. Skg Park at Spanish Ridge, LLC C/W 69975 · filed 2017-04-21(a)(1)

Because a dismissal without prejudice will not require this court to reach the merits of these appeals and is not inconsistent with the primary purposes of the bankruptcy stay—to provide protection for debtors and creditors—we further conclude that such dismissal will not violate the bankruptcy stay.

Section 362(a)(1) automatically stays an appeal when the debtor was the defendant in the underlying trial court action.

Holmes, III v. Lv Metro. Police Dep't · filed 2017-07-05(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a) stays a pending appeal when an appellant files a bankruptcy petition.

Supply Pro, Inc. and Harmon K. Fine, Individually v. Ecosorb International, Inc., D/B/A Biocel Technologies · filed 2017-07-18(a)

This appeal is stayed pursuant to the Notice of Bankruptcy that appellant Harmon K. Fine filed in this Court on July 10, 2017, stating that a petition for relief was filed for him in the United States Bankruptcy Court for the Southern District of Texas, Houston Division on July 9, 2017 in in In re Harmon Kenneth Fine, Case No. 17-34240. See 11 U.S.C. § 362(a) (2000) (automatic stay in bankruptcy).

Section 362(a)(1) automatically stays an appeal when the debtor was the defendant in the underlying trial court action.

Lindburg v. Dean and Penny Brunner 1985 Trust · filed 2017-09-13(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a) automatically stays further action in an appeal after the appellant files a notice of Chapter 13 bankruptcy.

Corral-Lerma v. Border Demolition & Environmental Inc., as a Corporation, Raul Solis, Individually, and Bonnie So · filed 2017-11-07(a)

Pursuant to 11 U.S.C. §362(a), any further action in this appeal is automatically stayed.

Section 362 stays a pending appeal from the date an appellant files a bankruptcy petition.

Cotter & Sons, Inc. James F. Cotter Alamo Towers-Cotter, LLC Cotter 11211 Katy Freeway Building, LP Cotter 7447 Harwin B · filed 2017-11-15

Accordingly, this appeal and all time periods under the Texas Rules of Appellate Procedure are stayed from the date the bankruptcy petition was filed in the bankruptcy court.

Section 362(a) automatically stays further action in a pending appeal after the appellant files a voluntary Chapter 11 petition.

Abraham v. IGSFA Management, LLC · filed 2018-02-20(a)

Pursuant to 11 U.S.C. § 362(a), any further action in this appeal is automatically stayed.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Padilla v. Padilla · filed 2018-04-17(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was the defendant in the underlying trial court action.

Razzaghi v. Aghdasifar · filed 2018-06-06(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362 automatically stays a pending appeal when an appellant files for bankruptcy protection.

North Carolina Furniture Direct I, Ltd. D/B/A North Carolina Furniture Direct And North Carolina Furniture Direct Ltd., · filed 2018-06-19

Accordingly, this appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.2.

Section 362(a)(1) stays a pending appeal as to a defendant who files a bankruptcy petition during the appeal.

Benjamin v. Vatche Manoukian & a. · filed 2018-06-20(a)(1)

Defendant Vatche Manoukian also appealed the trial court’s orders. Subsequent to the appeal, however, he filed a bankruptcy petition with a United States Bankruptcy Court and, thus, the appeal was stayed as to him. See 11 U.S.C. § 362(a)(1) (2012). Accordingly, this order pertains only to defendant Haytayan.

Section 362(a) stays an appeal against a defendant that files a Chapter 11 bankruptcy petition while the appeal is pending.

Khoja v. Orexigen Therapeutics, Inc. · filed 2018-08-13(a)

After oral argument in this appeal, Orexigen filed a voluntary petition for bankruptcy under Chapter 11, in the United States Bankruptcy Court for the District of Delaware, No. 18-10518-KG. Therefore, pursuant to the automatic stay, 11 U.S.C. § 362(a), this opinion does not address or decide Plaintiff’s appeal as against defendant-appellee Orexigen.

Section 362(a) stays an appeal concerning a prepetition claim against a debtor while the debtor's bankruptcy case proceeds.

In Re: Latricia L. Hardy · filed 2018-09-11(a)

A voluntary bankruptcy petition “operates as a stay” of any proceeding initiated to recover a claim against a debtor that arose before the commencement of the bankruptcy case. 11 U.S.C. § 362(a) (automatic stay provision). Thus, the District of Columbia Court of Appeals properly stayed Ms. Hardy’s appeal pending her bankruptcy proceeding.

Section 362(a)(1) automatically stays an appeal when the debtor was the defendant in the underlying trial court action.

Colfin Bam Funding, LLC v. Rosales C/W 72659 · filed 2018-10-05(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Novick v. Morgan Stanley Smith Barney, LLC · filed 2018-10-01(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362 permits dismissal without prejudice of a stayed appeal when dismissal does not reach the merits and is consistent with the stay’s protection of debtors and creditors.

Oxner v. Utts · filed 2018-12-18(a)

Because a dismissal without prejudice will not require this court to reach the merits of this appeal and is not inconsistent with the primary purposes of the bankruptcy stay - to provide protection for debtors and creditors - we further conclude that such dismissal will not violate the bankruptcy stay.

Section 362(a) permits dismissal of an appeal without prejudice when the dismissal does not require reaching the merits and does not undermine the stay’s protection of debtors and creditors.

Rutishauser, LLC v. Ross, M.D. · filed 2018-12-21(a)

Because a dismissal without prejudice will not require this court to reach the merits of this appeal and is not inconsistent with the primary purposes of the bankruptcy stay—to provide protection for debtors and creditors—we further conclude that such dismissal will not violate the bankruptcy stay.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Premier One Holdings, Inc. v. Green Tree Serv., LLC · filed 2019-02-26(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was the defendant in the underlying trial court action.

Ln Mgmt. LLC Ser. 100 El Castillo v. Ditech Fin. LLC · filed 2019-03-04(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Kal-Mor-Usa, LLC v. Ditech Fin. LLC · filed 2019-03-04(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Rjrn Holdings, LLC v. Ditech Fin., LLC · filed 2019-03-04(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was the defendant in the underlying trial court action.

Ladner v. Nlv Pain Management and Urgent Care · filed 2019-01-15(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a) stays a pending state-court appeal when an appellant files for bankruptcy.

Michele O. Miller and Robert H. Steelhammer v. Green Bank, N.A. · filed 2019-02-05(a)

Our review of the record in this case indicates that appellant Robert H. Steelhammer filed for bankruptcy on January 31, 2018 in the Southern District of Texas, Houston Division (Case No. 18-30385).* Therefore, this appeal is stayed by the operation of the automatic stay in bankruptcy. See 11 U.S.C. § 362(a).

Section 362(a) does not stay a debtor-plaintiff’s deadline to appeal dismissal of its own action.

W. Rogowski Farm, LLC v. County of Orange · filed 2019-03-13(a)

Thus, since the plaintiffs initiated the action in the Supreme Court and would not have been defending against their own appeal, they were not entitled under 11 USC § 362(a) to an automatic stay of the 30-day time period in which to take an appeal.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Nev. Sandcastles, LLC v. Green Tree Serv., LLC · filed 2019-03-18(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action because the appeal continues that action.

Premier One Holdings, Inc. v. Green Tree Serv., LLC · filed 2019-03-25(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal of claims against a debtor that was a defendant in the trial court.

Kal-Mor-Usa, LLC v. Green Tree Serv., LLC · filed 2019-03-25(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal if the debtor was the defendant in the underlying trial court action.

Rjrn Holdings, LLC v. Ditech Fin. LLC · filed 2019-03-25(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal that continues claims against a debtor who was a defendant in the trial court.

Zaisan Enter.'s LLC v. Green Tree Serv., LLC · filed 2019-03-26(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Nev. Sandcastles, LLC v. Ditech Fin. LLC · filed 2019-03-26(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Ditech Fin. LLC v. Ke Aloha Holdings, LLC · filed 2019-03-26(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) permits dismissal of a stayed appeal without prejudice when dismissal does not require reaching the merits and is consistent with the stay’s protective purposes.

Zaisan Enter.'s LLC v. Green Tree Serv., LLC · filed 2019-03-26(a)(1)

Because a dismissal without prejudice will not require this court to reach the merits of this appeal and is not inconsistent with the primary purposes of the bankruptcy stay—to provide protection for debtors and creditors—such dismissal will not violate the bankruptcy stay.

Section 362 stays an appeal when the appellants file Chapter 11 bankruptcy petitions.

iPic-Gold Class Entertainment, LLC and iPic Texas, LLC v. Regal Entertainment Group, AMC Entertainment Holdings, Inc., A · filed 2019-08-13

This appeal is stayed pursuant to the Notice of Bankruptcy, filed on August 5, 2019, advising this Court that appellants, iPic-Gold Class Entertainment, LLC and iPic Texas, LLC filed voluntary petitions for bankruptcy under Chapter 11 of the Bankruptcy Code on August 5, 2019 (iPic Gold Class filed a voluntary petition in case number 19-11739 in the District of Delaware and iPic Texas filed a voluntary petition in case number 19-11741 in the District of Delaware). See 11 U.S.C. § 362 (automatic stay in bankruptcy).

Section 362 stays a pending appeal when the appellee files for bankruptcy protection.

Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas · filed 2019-08-28

Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas; and Ken Paxton, Attorney General of the State of Texas, have notified this Court that appellee RJL Entertainment, Inc. has filed for bankruptcy protection (United States Bankruptcy Court, S.D. Texas, Case No. 19-20273, filed June 11, 2019). See Tex. R. App. P. 8.1. Accordingly, this appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.2.

Section 362 automatically stays further action in an appeal while an appellant’s bankruptcy case remains pending.

William Kovar and Linda Kovar v. Gary Seay, Toni Seay and Andrew Seay · filed 2019-08-28

Furthermore, there is no indication that appellants’ bankruptcy case is no longer pending. Therefore, given the above, further action in this appeal has been automatically stayed.

Section 362(a) stays a pending appeal when a party’s bankruptcy is brought to the appellate court’s attention.

Terry Neff and Iron Workers Mid-South Pension Fund v. Nicholas F. Brady, David J Butters, William E. MacAulay, Robert B. · filed 2019-10-08(a)

This appeal is stayed pursuant to a suggestion of bankruptcy filed by appellees, Nicholas F. Brady, David J. Butters, William E. Macaulay, Robert B. Millard, and Robert A. Rayne, in this Court.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Sweitzer Vs. Teacher'S Health Tr. · filed 2020-04-01(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Tonopah Solar Energy, Llc Vs. Brahma Grp., Inc. · filed 2020-08-31(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Lagudi Vs. Fresh Mix, Llc · filed 2020-09-04(a)(1)

Consequently, an appeal is automatically stayed if the debtor was a defendant in the underlying trial court action.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the action below.

World Buddhism Ass'N Headquarters Vs. Las Vegas Monorail Co. · filed 2020-10-09(a)(1)

It appears that Las Vegas Monorail Company was a defendant below. Therefore, this appeal is stayed pursuant to the automatic stay provisions of federal bankruptcy law.

Section 362(a)(1) automatically stays an appeal when the debtor was a defendant in the underlying trial court action.

Main St. Invs. Iii, Llc Vs. Ou · filed 2021-04-16(a)(1)

Consequently, an appeal is automatically stayed if the debtor was the defendant in the underlying trial court action.

Section 362(a) automatically stays proceedings in a pending appeal when a party files for bankruptcy.

Metropolitan Water Company, LP v. Blue Water Systems, LP and Blue Water Vista Ridge, LLC · filed 2022-02-24(a)

Because a stay is automatic under Bankruptcy Code 362(a), all proceedings in the appeal were stayed.

Section 362(a)(1) stays an appeal that continues an action against the debtor when the debtor was the defendant below.

Covarrubias v. Mcghee-Pane · filed 2022-04-22(a)(1)

An appeal, for purposes of the automatic stay, is considered a continuation of the action in the trial court. ... It is counsel's view that the automatic stay is currently applicable to this appeal. We agree.

Section 362(a) automatically stays a pending appeal against a debtor when the debtor files a bankruptcy petition.

Gulf Coast Brake & Motor, Inc. Michael Nagata, Jack Van Vleit and James (Patt) Edgar v. MHWIRTH Inc. · filed 2022-07-26(a)

Appellant Gulf Coast Brake & Motor, Inc. has filed a Suggestion of Bankruptcy and Notice of Automatic Stay, informing this Court that, on or about July 14, 2022, appellant filed a petition for bankruptcy in Case No. 22-50450 in the United States Bankruptcy Court for the Western District of Louisiana, Lafayette Division. Accordingly, it is ordered that this appeal is stayed. See 11 U.S.C. § 362(a) (providing filed bankruptcy petition operates as automatic stay of actions against debtor or debtor’s property).

Section 362(a)(1) stays an appeal from a judgment against a debtor after the debtor files for bankruptcy.

Choi v. Sierra Construction Company, Inc. · filed 2022-09-13(a)(1)

Because Choi has filed for bankruptcy in federal court, this appeal appears to be subject to an automatic stay. See 11 USC § 362 (a) (1).

Section 362 stays a pending appeal when the automatic bankruptcy stay applies after an appellant files a Chapter 11 petition.

Chandra Corporation D/B/A Diamond Marquise v. Atashi Jewels, Inc. D/B/A 7 Elements, Atit Patel and Neeta Patel · filed 2022-10-11

This appeal is stayed pursuant to the Suggestion of Bankruptcy, advising the court that a bankruptcy petition under Chapter 11 of the Bankruptcy Code was filed by appellant Chandra Corporation d/b/a Diamond Marquise on October 3, 2022 (case number 22-17386 filed in the Bankruptcy Court for the District of New Jersey) See 11 U.S.C. § 362 (automatic stay in bankruptcy).

Section 362(a) stays a pending appeal upon a party’s bankruptcy filing.

Guadalupe Zermeno and Ildefonso Zermeno v. Stone · filed 2023-01-05(a)

Pursuant to appellant’s Notice of Suggestion of Bankruptcy, this appeal is stayed. See 11 U.S.C. § 362(a) (automatic stay in bankruptcy).

Section 362 stays a pending appeal when the automatic stay applies after a party files for bankruptcy protection.

Sayers Construction, LLC v. Accordant Communications, LLC · filed 2022-12-22

Accordingly, this appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.2.

Section 362 automatically stays further action in a pending appeal when the appellant files for bankruptcy.

Traxcell Technologies, LLC v. Verizon Wireless Personal Communications LP · filed 2023-10-19

Given the above, further action in this appeal is automatically stayed. See 11 U.S.C. § 362.

Section 362(a)(1) stays a pending appeal against a debtor after the debtor files a bankruptcy petition, until the stay is lifted.

Jackson v. Paramount Properties Managment Group, LLC · filed 2024-02-12(a)(1)

Jackson has since filed a notice showing that he filed a Chapter 7 bankruptcy petition in federal court and is therefore entitled to the automatic stay of proceedings under 11 USC § 362. ... Accordingly, we REMAND this case to the trial court until the stay of proceedings is lifted.

Section 362 does not automatically stay an appeal when the proceedings below were not against the debtor.

Snell v. Reid · filed 2024-06-03

Because the proceedings below were not against Snell, that filing does not automatically stay these appeals.

Section 362 stays a pending appeal when a defendant in the underlying suit files for bankruptcy, even if the debtor is not a party to the appeal.

EFW Holdings, Inc. v. Patrick Shannon Beene, Adia Garcia, Theodore M. Garza, and Maria I. Garza · filed 2025-11-07

Rolling Hills Food & Beverage, Inc., who is not a party to this appeal but who is a defendant in the underlying suit, has notified this Court that it has filed for bankruptcy protection (United States Bankruptcy Court, N.D. Texas, Case No. 25-44129-11). See Tex. R. App. P. 8.1. Accordingly, this appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.2.

Section 362 can stay an appeal when a party to the appeal files for bankruptcy protection.

WC 707 Cesar Chavez, LLC v. Cesar Rainey Street, LLC · filed 2025-12-19

Accordingly, this appeal is stayed. See 11 U.S.C. § 362; Tex. R. App. P. 8.2.

Section 362(a) prevents an appellate court from addressing the merits of an appeal concerning execution of a money judgment against a bankruptcy debtor while the automatic stay remains in effect.

Anohiska M. Cardona Torres v. José Alberto Alicea Piñeiro · filed 2026-01-28(a)

La acción que atendemos versa sobre la ejecución de una sentencia para el cobro de dinero. En virtud de la paralización automática que implica la presentación de una petición de quiebras y la consecuente Orden que emitió el foro primario para paralizar los procedimientos de ejecución, nos vemos impedidos de atender los méritos del presente recurso. En consecuencia, se decreta el archivo administrativo de la presente causa, hasta tanto una de las partes nos certifique que se ha levantado la paralización o hasta que por otro fundamento proceda continuar con los procedimientos.