S. Ct. Civ. No. 2013-0092

An appeal by parties challenging foreclosure upon their real property for failure to make timely mortgage payments, commenced after entry of an order in the Superior Court granting summary judgment to the successor creditor and ordering the debtors to pay some $382,000, is dismissed as a result of the debtors' filing a “Notice of Bankruptcy” with this Court, giving notice that the husband has filed a petition for bankruptcy with the United States Bankruptcy Court for the District of Connecticut. The automatic statutory stay of litigation under the federal Bankruptcy Act, 11 U.S.C. § 362, is applicable to an appeal from a case filed against a debtor as a “continuation . . . of a judicial, administrative, or other action or proceeding,” and compels suspension of this appeal, as it relates to the husband and wife, during the pendency of the husband's bankruptcy petition. The practice of dismissing the appeal without prejudice to its re-filing upon either termination of the bankruptcy proceedings or the lifting of the § 362 stay by the bankruptcy court represents the soundest method for achieving compliance with the federal mandate. Within 60 days of the conclusion of the bankruptcy proceedings or the date the bankruptcy court enters an order terminating the automatic stay, the appellants may file a new notice of appeal with this Court, which shall be effective to appeal the Superior Court's September 26, 2013 Judgment notwithstanding any contrary provision in the rules of appellate procedure. Because the required docketing fee has already been paid, and pertinent transcripts ordered and paid for, upon the filing of a new notice of appeal, they shall neither be assessed a second docketing fee nor required to re-order the same transcripts. Notwithstanding Supreme Court Rule 30(a), no costs shall be assessed against with respect to this appeal. This appeal is dismissed without prejudice to its re-filing within 60 days of the conclusion of the bankruptcy proceeding currently pending in the United States Bankruptcy Court for the District of Connecticut, or the lifting of the bankruptcy stay by that court, whichever first occurs.