San Jose, CA asked in Bankruptcy and Appeals / Appellate Law for California

Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed

does that extend the deadline to file an appeal in the civil case

6 Lawyer Answers

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes.

William Earl Winfield agrees with this answer

Harlene Miller

Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: The stay tolls the deadline for a period of time. I urge you to talk with your bankruptcy attorney about this. If you do not have an attorney representing you in the Chapter 13, I urge you to get one. Chapter 13 is a complicated bankruptcy.

William Earl Winfield agrees with this answer

Theodore Allan Greene

Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Your question requires some research depending on the unique facts but a simple answer is yes. You should absolutely hire an attorney to help guide you moving forward.

Kevin M Rogers

Answered
  • Criminal Law Lawyer
  • Boise, ID

A: That does not “EXTEND” your ability to file an appeal, IT EXTINGUISHES IT! It’s called the section “362 blues” or in other words, THE 362 AUTOMATIC STAY! You would need to have the heavy-duty iron gate of the legal stay of every conceivable legal proceedings, including Judgments of every kind! I can’t imagine any legal grounds you would have to lift the automatic stay.

William Earl Winfield

Answered
  • Bankruptcy Lawyer
  • Oxnard, CA
  • Licensed in California

A: That depends on what kind of case it is and whether parties are the same, but generally yes, it will extend your time to commence the appeal.

William Earl Winfield

Answered
  • Bankruptcy Lawyer
  • Oxnard, CA
  • Licensed in California

A: yes it does.

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