Marcos Montalvo A/K/A Jose Marcos Montalvo v. Manuel Guerra and Rosita Guerra

Opinion

NUMBER 13-18-00565-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

MARCOS MONTALVO A/K/A JOSE MARCOS MONTALVO, APPELLANT,

v.

MANUEL GUERRA AND ROSITA GUERRA, APPELLEES. ____________________________________________________________

On appeal from the 206th District Court of Hidalgo County, Texas. ____________________________________________________________

ORDER Before Chief Justice Valdez and Justices Longoria and Hinojosa Order Per Curiam

The parties have notified this Court that appellant Jose Marcos Montalvo has filed

for protection in bankruptcy. According to the notice, appellant filed a bankruptcy petition

on April 27, 2016, in the United States Bankruptcy Court for the Southern District of Texas,

McAllen Division. 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 6th day of November, 2018.