Phoenix, AZ asked in Appeals / Appellate Law and Bankruptcy for Arizona

Q: I have written a motion to dismiss an appeal in the Arizona Court of Appeals, Division One. The couple appealing the

Judgment I have against them, are in Chapter 13 BK in Tampa, FL - they broke the terms of the Automatic Stay to file the appeal & again to pay the fees after they specifically requested an emergency hearing in the BK Court to reimpose the Stay stating they can’t afford to see the case through. The appeal here in Arizona has been in limbo & STAYED since June 2019. I have the receipts on their abuse of process, bad faith and harassment over the last 10 years and want to know if I risk anything by filing a Motion to Dismiss the Appeal for a pattern of intentional abuse of process and bad faith.

1. Am I not protected by the Automatic Stay as a Creditor, 2000 miles away?

2. Do I risk any penalties by the BK Court in Tampa for protecting myself against these folks in the Court of Appeals in Arizona since it was filed by breaking the STAY?

They lost on jurisdiction 12 times in civil court, over 7 years w 4 different Judges & a 3-day bench trial in the Maricopa County Court.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: I would not file anything without first having a lawyer review it as your filing is likely a violation of the automatic stay. Before you file anything anywhere, you likely will need to seek relief from the stay in Florida.

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