Citibank N.A. as Trustee for NRZ Pass-Through Trust VI and Newrez LLC F/K/A New Penn Financial LLP D/B/A Shellpoint Mortgage Servicing v. Pechua, Inc.

Summary

In this concurring opinion, the Fourteenth Court of Appeals joins the court’s holding that common-law tolling applies in the trial-court proceeding during the pendency of a bankruptcy automatic stay. The concurrence suggests that the Supreme Court of Texas promulgate a procedural rule addressing trial-court proceedings similar to Texas Rule of Appellate Procedure 8, because debtors may not ensure timely action after the stay terminates.

Holdings

1. The court held that common-law tolling applies in this trial-court proceeding while the bankruptcy automatic stay is in effect.

Questions Presented

1. Whether the bankruptcy automatic stay creates common-law tolling in a state trial-court proceeding.
2. Whether Texas should adopt a trial-court procedural rule comparable to Texas Rule of Appellate Procedure 8 to address proceedings affected by the bankruptcy automatic stay.

Disposition

affirmed