KILPATRICK v. NOBLE CAPITAL SERVICING, LLC

No. 14-16-00807-Cv.

Donald Kilpatrick, Individually and As Assignee of Causes of Action of Jeremy DICKS, Appellant, v. NOBLE CAPITAL SERVICING, LLC, KAREEM HAJJAR, TRUSTEE, Appellees

Court of Appeals of Texas, Fourteenth District, Houston.


Attorney(s) appearing for the Case

Donald Kilpatrick , for Donald Kilpatrick, Individually and as Assignee of causes of action of Jeremy Dicks, Appellant.

Adam Bernhard , Blaine Hummel , Teresa Carter Baker , for Noble Capital Servicing, LLC, Kareem Hajjar, Trustee, Appellee.


ABATEMENT ORDER

PER CURIAM.

Notice was filed on March 9, 2017 that appellant Donald Kilpatrick is in bankruptcy. Tex. R. App. P. 8.1. According to the notice, on March 6, 2017, Donald Kilpatrick petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas under case number 17-31420. A bankruptcy suspends the appeal from the date when the bankruptcy petition is filed until the appellate court reinstates the appeal in accordance with federal law. Tex. R. App. P. 8.2. Accordingly, we ORDER the appeal abated.

When a case has been suspended by a bankruptcy filing, a party may move the appellate court to reinstate the appeal if permitted by federal law or the bankruptcy court. Tex. R. App. P. 8.3. If the bankruptcy court has lifted or terminated the stay, a certified copy of the order must be attached to the motion. Id. A party filing a motion to reinstate shall specify what further action, if any, is required from this court when the appeal is reinstated. See Tex. R. App. P. 10.1(a).

For administrative purposes only, and without surrendering jurisdiction, the appeal is abated and treated as a closed case until further order of this court.


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