operates as a stay to: the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title. 11 U.S.C. § 362(a)(1). An automatic stay is triggered when a bankruptcy petition is filed, whether or not a party or the non-bankruptcy court learns of the bankruptcy prior to taking action against the debtor. See Paine v. Sealey, 956 S.W.2d 803, 805 (Tex.App.-Houston [14 th Dist.] 1997, no pet.). The stay provides the debtor with a p v. Pan Am. World Airways, Inc., 966 F.2d 457, 459 (9th Cir.1992) (<HOLDING>); Dennis v. A.H. Robins Co., 860 F.2d 871, 872
recognizing that a stay is as much a refusal to exercise federal jurisdiction as a dismissal holding dismissal is not precluded by bankruptcy stay holding nonsuit does not violate bankruptcy stay because it is a termination of the case against the debtor holding that bankruptcy court order that a stay applied to a particular party was a final order and noting that bankruptcy court orders lifting or denying relief from an automatic stay are final for purposes of appeal holding that bankruptcy court has discretion to retain jurisdiction over related case after dismissal of the underlying bankruptcy case