Newstream Hotel Partner-IAH, LLC v. UC Red Lion Houston Holder, LLC as Successor in Interest to UC Funding, LLC

Opinion

Abatement Order filed May 5, 2020

In The

Fourteenth Court of Appeals ____________

NO. 14-19-01022-CV ____________

NEWSTREAM HOTEL PARTNER-IAH, LLC, Appellant V.

UC RED LION HOUSTON HOLDER, LLC AS SUCCESSOR IN INTEREST TO UC FUNDING, LLC, Appellee

On Appeal from the 269th District Court Harris County, Texas Trial Court Cause No. 2019-71008

ABATEMENT ORDER

On April 29, 2020, appellant Newstream Hotel Partner-IAH, LLC notified this court that it petitioned for voluntary bankruptcy protection on April 28, 2020 in the United States Bankruptcy Court for the Eastern District of Texas under case number 20-41064. 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 t his court.

PER CURIAM

Panel consists of Justices Wise, Jewell, and Poissant.