Q: Can a motion granted by the appellate courts judge, be dismissed by a bankruptcy court judge?
landlord violated the bankruptcy code by continuing to pursuit an eviction despite the lower courts being notified of the bankruptcy. Because landlord violated the federal bankruptcy code, the Appellate Division Judge granted a bankruptcy stay motion until further order and until the initial brief is finalized.
landlord bypassed the Appellate courts Division and filed an "Expedited Motion for Relief From Stay" with the bankruptcy court and did not disclose to the bankruptcy court that there is an appellate case open against him for the violated the federal bankruptcy code and did not disclose to the bankruptcy court that the Appellate Division Judge granted a bankruptcy stay motion until further order.
The bankruptcy court grant him a hear for the motion he file. Can the bankruptcy judge dismiss the motion that was granted by the appellate courts judge? Please advice
A: No, probably not. Your terminology makes your question somewhat confusing, but the order granted by the state DCA would probably not be subject to collateral attack in the bankruptcy court.
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