New York, NY asked in Appeals / Appellate Law and Bankruptcy for New York

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?

5 Lawyer Answers
Derek John Soltis
Derek John Soltis
Answered
  • Bankruptcy Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: Yes the bankruptcy stops the appeal.

A bankruptcy stops all legal proceedings unless someone files a motion to lift the automatic stay.

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: Yes the bankruptcy will stop the appeal. You may want to hire a New York bankruptcy lawyer to help you.

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Brooklyn, NY

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.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Criminal Law Lawyer
  • Commack, NY
  • Licensed in New York

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.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. The bankruptcy stays the appeal.

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