QUESTION
Can a person take me to appeals court if i just filed bankruptcy?
Asked on Jul 14th, 2016 on Bankruptcy - Oregon
More details to this question:
Civil suit is filed. I'm the defendant. Magistrate ruled. I lost. I filed objection. Judge ruled. I won. Now other party is trying to appeal. I just filed a chapter 7 bankruptcy. How does this continue?
7 ANSWERS
Let an experienced BK lawyer look at everything for you. I have fifty questions before I can hazard a guess. Yes, you will have to pay for the consultation.
Answered on Jul 20th, 2016 at 5:21 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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The appeal cannot be filed without first getting relief from the automatic stay, which the Bankruptcy Court may or may not grant, depending on the facts and theories for recovery alleged in the complaint and why the Judge ruled in your favor. Filing the notice of appeal otherwise would be a violation of the automatic stay, which may be sanctioned by the Bankruptcy Court. For a more complete evaluation of your case, please contact us at 213-389-4362 for a free initial consultation.
Answered on Jul 20th, 2016 at 7:25 AM
Patience grasshopper. The party attempting to file an appeal of the Judge?s decision may not have processed the information about your bankruptcy. Did you file a Suggestion of Bankruptcy in this case?
Answered on Jul 20th, 2016 at 7:25 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You must be certain your opponent is informed about the BR filing, and that the Automatic Stay prohibits any any effort to collect on a pre-petition debt. It can be a contempt of court. You would benefit from retaining a lawyer; it's almost always worth the investment.
Answered on Jul 20th, 2016 at 7:25 AM
It should be moot if only money damages are sought.
Answered on Jul 20th, 2016 at 7:25 AM
2 Awards
It can't continue. File a suggestion of Bk in the civil case. It should stop the litigation.
Answered on Jul 20th, 2016 at 7:23 AM
The chapter 7 bankruptcy puts an automatic stay on the civil suit. The plaintiff would have to request relief from the stay to continue the civil suit. If you are not represented by an attorney now, you should get one if the plaintiff continues to press the matter. If they give up, your bankruptcy should discharge the cause of action.
Answered on Jul 20th, 2016 at 7:22 AM