Q: Hi, I filed Chapter 13 Bankruptcy to stop the sale of my home. I have an Appeal in the NY Appellate 1st Dept.
I am pro se. Does the Bankruptcy Stay the Appeal in the Appellate?
A:
Yes the bankruptcy stops the appeal.
A bankruptcy stops all legal proceedings unless someone files a motion to lift the automatic stay.
A: Yes the bankruptcy will stop the appeal. You may want to hire a New York bankruptcy lawyer to help you.
A: By filing a Bankruptcy, all civil proceeding that are pending are automatically halted by the Automatic Stay. Trying to handle this on your own is far too complex, so you really need to retain counsel.
A: Filing bankruptcy stays all legal proceedings outside the bankruptcy. However, this may be short lived. If this is not your first bankruptcy, you may not be entitled to a stay. Also the creditor could file a motion to lift the stay. Filing a bankruptcy of any type, but especially a Chapter 13 is complicated. There are many procedures you must follow and if you do not your case will be dismissed. Your petition and schedules must be complete and accurate. You need to follow up with mandatory disclosure rules. You really need an attorney to guide you through this. Hire an attorney or all you are doing is getting a short delay and you will lose your home.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
