Cotter & Sons, Inc. et al. v. BJ Corporation d/b/a National Building Service

Summary

The Fourth Court of Appeals of Texas issued an order addressing a suggestion of bankruptcy filed by appellant Alamo Towers-Cotter, LLC. The court held that the appeal and applicable appellate deadlines were stayed under the automatic stay and Texas Rule of Appellate Procedure 8, and abated the appeal while treating it as administratively closed pending reinstatement.

Holdings

1. The bankruptcy petition triggered an automatic stay of the appeal and all time periods under the Texas Rules of Appellate Procedure from the date the petition was filed.
2. The appeal was abated and administratively treated as a closed case unless and until reinstated in accordance with Texas Rule of Appellate Procedure 8.3.

Questions Presented

1. Whether the filing of a bankruptcy petition automatically stayed the appeal and appellate deadlines.
2. Whether the appeal should be abated pending reinstatement under Texas Rule of Appellate Procedure 8.3.

Disposition

other