Fort Lauderdale, FL asked in Appeals / Appellate Law and Bankruptcy for Florida

Q: Florida: I filed CH7 and was approved. An appeal filed to be excluded from CH7. Plaintiff won, file closed.

I believe the judge was in error in decision. Can I appeal to higher Court?

1 Lawyer Answer

A: You filed a Chapter 7 bankruptcy petition, and a creditor filed an adversary case seeking something (that the claim be not discharged, perhaps?) The plaintiff in the adversary case prevailed.

Yes, you could perhaps appeal this, generally to the Bankruptcy Appellate Panel of the Circuit Court of Appeals. From what you have indicated, it is not clear however whether you would grounds for appeal. Also, there is a short period in which a notice of appeal can be filed, and I don't know if an appeal would be timely.

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