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.
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