K & K Inez Properties, LLC, David Kucera, and Valerie Kucera v. Clay Kolle and Lacy Kolle

Court of Appeals of Texas·Decided September 12, 2022·No. 13-21-00460-CV·Published

Opinion

NUMBER 13-21-00460-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

K & K INEZ PROPERTIES, LLC, DAVID KUCERA, AND VALERIE KUCERA, Appellants,

v.

CLAY KOLLE AND LACY KOLLE, Appellees.

On appeal from the 135th District Court of Victoria County, Texas.

ORDER

Before Justices Longoria, Hinojosa, and Silva Order Per Curiam

On August 29, 2022, appellants David Kucera and Valerie Kucera filed a “Notice

of Stay Because of Bankruptcy.” According to the notice, these appellants are currently

the subject of a proceeding under Chapter 11 of the United States Bankruptcy Code,

currently pending in cause number 22-60050 in the United States Bankruptcy Court for the Southern District of Texas. The bankruptcy proceeding was filed on August 26, 2022.

See TEX. R. APP. P. 8.1. Appellants thus asserted that this appeal was subject to an

automatic stay. On September 7, 2022, appellants filed a “Notice of Modification of

Bankruptcy Stay” informing us that the bankruptcy court issued an order on September 6,

2022, modifying the automatic stay to allow the appeal in this Court to proceed.

Accordingly, this appeal will proceed pursuant to the appellate rules, and appellants’ reply

brief will be due on September 28, 2022.

PER CURIAM

Delivered and filed on the 12th day of September, 2022.

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