Legal Opinion
Raley v. Lile
Texas Court of Appeals, 10th District (Waco)
Decided September 1, 1993No. 10-92-274-CVPublishedCited by 23 opinions
1Opinion of the Court
OPINION
THOMAS, Chief Justice.
Our disposition turns on whether the appeal is timely perfected. We hold that it was not timely perfected and therefore dismiss for want of jurisdiction. This opinion examines the interplay between sections 108 and 362 of the Bankruptcy Code and their effect on the time period for perfecting the appeal. See 11 U.S.C.A. §§ 108(c), 362(a) (West 1993). We hold that the automatic bankruptcy stay did not suspend the timetable for perfecting the appeal, which continued to run even though the stay prevented any action to stop it. We also hold that section 108(c) gave the…
2Cases cited6 opinions
- Cathey v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
- Wilkey v. Union Bank & Trust Co. (In Re Baird)United States Bankruptcy Court, W.D. Kentucky · 1986
- Peterson v. Texas Commerce Bank-Austin, National Ass'nCourt of Appeals of Texas · 1992
- Howard v. Howard, Texas Court of Appeals, 4th District (San Antonio)1984
- Production Credit Ass'n of Minot v. BurkNorth Dakota Supreme Court · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Brashear v. Victoria Gardens of McKinney, L.L.C., Texas Court of Appeals, 5th District (Dallas)2009
- Burrhus v. M & S MacHine & Supply Co., Texas Court of Appeals, 4th District (San Antonio)1995
- In Re: Hoffinger Industries, Inc., Debtor. Leesa Bunch, Creditor-Appellant v. Hoffinger Industries, Inc., Doing Business as Doughboy Recreational Company, Doing Business as Lomart Industries, Doing Business as Environmental Products and Research, Inc., Doing Business as Prest Metals, Doing Business as Pools & Accessories Unlimited, Inc. Debtor-AppelleeCourt of Appeals for the Eighth Circuit · 2003
- Federated Mutual Insurance Co. v. Davenport, Texas Court of Appeals, 10th District (Waco)2002
- ECC Construction, Inc. v. Oak Park Calabasas Homeowners Ass'nCalifornia Court of Appeal · 2004
18 more not listed; retrieve them via the Exa API.