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Gooch v. Winged Foot Stables

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 2, 2010

MICHAEL GOOCH AND JERSEY PARTNERS, INC., PLAINTIFFS-RESPONDENTS,
v.
WINGED FOOT STABLES, INC. AND DENNIS BARBIERRI, DEFENDANTS, AND MICHAEL ANTENUCCI AND RICHARD SORGE, DEFENDANTS-APPELLANTS.

On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-5851-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued June 1, 2010

Before Judges Lisa, Alvarez and Coburn.

During the pendency of this appeal appellants, Michael Antenucci and Richard Sorge, filed bankruptcy petitions, which remain pending. The filing of those petitions operates under 11 U.S.C.A. § 362(a) as an automatic stay of actions and proceedings against appellants, who are judgment debtors in this case. No relief from the automatic stay has been obtained in the bankruptcy proceedings.

The parties have submitted conflicting opinion letters from their respective attorneys as to whether the stay applies to this appeal, which was initiated by the debtors. Neither party disputes that the Bankruptcy Court has not issued an order lifting the stay as to this appeal. Whether the stay applies to the appeal is an issue that should be resolved by the Bankruptcy Court. In the absence of an order from the Bankruptcy Court authorizing us to do so we will not proceed with the appeal.

The appeal is dismissed without prejudice and without costs. Upon completion of the bankruptcy proceedings, any party may move before this court to reinstate this appeal, without costs, if the matter in controversy has not been disposed of. Prior to completion of the bankruptcy proceedings, any party may move before this court to reinstate this appeal, without costs, if the Bankruptcy Court has lifted the automatic stay or other good cause exists.

Dismissed.

20100702

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