Burns v. Burns

Opinion on InteRlocutory Order

The appellant, Richard Waller Burns, filed a suggestion of bankruptcy. Although Burns was the plaintiff in the trial court, he is entitled to an automatic suspension of this appeal.

One commentator, relying on federal law, has suggested that the automatic stay does not apply to appeals where the debtor is both appellant and plaintiff. See Richard Orsinger, Traps Under the New T.R.A.P., 6th Annual CONFERENCE ON STATE & FEDERAL APPEALS 3-3 (University of Texas School of Law 1998) (citing Freeman v. Commissioner, 799 F.2d 1091, 1092-93 (5th Cir.1986)); see also Thiel…