TXU Portfolio Management Company, L.P. n/k/a Luminant Energy Company, L.L.C. v. FPL Energy, LLC; FPL Energy Pecos Wind I, LP; FPL Energy Pecos Wind II, L.P.; Indian Mesa Wind Farm, LP

Summary

The Fifth District Court of Appeals at Dallas abated the appeal for administrative purposes after being notified that Luminant Energy Company, L.L.C. and its parent company had filed for bankruptcy. The court concluded that the automatic stay under 11 U.S.C. § 362 applied and stated that the case could be reinstated after the stay was lifted.

Holdings

1. The bankruptcy filing triggered an automatic stay of further action in the appeal under 11 U.S.C. § 362.
2. The appeal was abated for administrative purposes and treated as a closed case, subject to reinstatement on prompt motion after the stay is lifted.

Questions Presented

1. Whether the appellant's bankruptcy filing required further action in the appeal to be automatically stayed under 11 U.S.C. § 362 and Texas Rule of Appellate Procedure 8.2.
2. Whether the appeal should be abated and administratively treated as a closed case pending lifting of the bankruptcy stay.

Disposition

other