Thunder Rose Enterprises, Inc. and Michael J. Palmer v. Billy R. Kirk and Kirk Oilfield Equipment Sales, Inc.

• Court: Court of Appeals of Texas
• Decided: December 11, 2015
• Docket: 13-15-00431-CV
• Status: Published

Opinion

NUMBER 13-15-00431-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

THUNDER ROSE ENTERPRISES, INC. AND MICHAEL J. PALMER, Appellants,

v.

BILLY R. KIRK AND KIRK OILFIELD EQUIPMENT SALES, INC., Appellees. ____________________________________________________________

On Appeal from the 24th District Court of Goliad County, Texas. ____________________________________________________________

ORDER Before Justices Garza, Perkes, and Longoria Order Per Curiam

On December 8, 2015, appellants, Thunder Rose Enterprises, Inc. and Michael J.

Palmer, filed a notice of bankruptcy in this appeal. According to the notice, appellant

Michael J. Palmer filed a bankruptcy petition on December 7, 2015, in the United States

Bankruptcy Court for the Eastern District of Texas. 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 11th day of December, 2015.