Marcus Rosenberger v. Homecomings Financial, LLC F/K/A Homecomings Financial Network, Inc. Litton Loan Servicing, L.P. And Ocwen Loan Servicing, LLC

Opinion

Order filed November 15, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-12-00004-CV

                                                    __________

                             MARCUS ROSENBERGER, Appellant

                                                             V.

HOMECOMINGS FINANCIAL, LLC F/K/A

HOMECOMINGS FINANCIAL NETWORK, INC.

AND LITTON LOAN SERVICING, L.P., Appellees

                                   On Appeal from the 161st District Court

                                                             Ector County, Texas

                                                  Trial Court Cause No. B-126-011

                                                                     O R D E R

            This court has received notice that appellee Homecomings Financial, LLC and its parent company, Residential Capital, LLC, have filed for bankruptcy protection in Case No. 12-12020 (MG) in the United States Bankruptcy Court for the Southern District of New York.  The notice indicates that the bankruptcy petition was filed on May 14, 2012.  See Tex. R. App. P. 8.1.   Pursuant to Tex. R. App. P. 8.2, we suspend this appeal. 

            We abate this appeal until further order of this court.  The parties are directed to take such action as is appropriate to advise this court of any change in the status of Homecomings Financial’s bankruptcy proceeding that would affect the status of this appeal, including but not limited to the filing of a motion to reinstate or sever pursuant to Tex. R. App. P. 8.3.

                                                                                                PER CURIAM

November 15, 2012

Panel consists of: Wright, C.J.,

McCall, J., and Gray, C.J., 10th Court of Appeals.[1]

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[1]Tom Gray, Chief Justice, Court of Appeals, 10th District of Texas at Waco, sitting by assignment to the 11th Court of Appeals.