Ricardo Vaiz and Maria F. Vaiz v. Federal National Mortgage Association, Aurora Bank, Lehman Brothers Bank FSB, and Nationstar Mortgage LLC ( 2019 )


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  •                            NUMBER 13-17-00437-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    RICARDO VAIZ AND
    MARIA F. VAIZ,                                                            Appellants,
    v.
    FEDERAL NATIONAL MORTGAGE
    ASSOCIATION, AURORA BANK, FSB,
    LEHMAN BROTHERS BANK, FSB, AND
    NATIONSTAR MORTGAGE LLC,                                                   Appellees.
    On appeal from the 138th District Court
    of Cameron County, Texas.
    ORDER OF ABATEMENT
    Before Chief Justice Contreras and Justices Benavides and Longoria
    Order Per Curiam
    On April 16, 2019, appellees filed a notice of bankruptcy in this appeal. According
    to the notice, Aurora Commercial Corp. and Aurora Loan Services LLC filed bankruptcy
    petitions on March 24, 2019, 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
    22nd day of April, 2019.
    2
    

Document Info

Docket Number: 13-17-00437-CV

Filed Date: 4/22/2019

Precedential Status: Precedential

Modified Date: 4/25/2019