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Marcus Parker
Marcus Parker, Attorney
Category: Bankruptcy Law
Satisfied Customers: 460
Experience:  practicing attorney including bankruptcy
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In FL, what is the appeal process in bankruptcy is there ...

Customer Question

In FL, what is the appeal process in bankruptcy? is there a higher court to appeal to than the one you originally file in? A final evidentiary hearing was scheduled; a hearing re: final judgment was held, without notifying defendant; i didn''t find out until i doublechecked the time for scheduled final evident.. hearing and they said it was cancelled and a final judgment had been entered and i had missed the 10 day deadline to file an appeal.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Marcus Parker replied 8 years ago.

Appeals from decisions of a bankruptcy court are either to the Bankruptcy Appeals Panel (BAP) or to the Federal District Court in your state See Bankrupty Rule 8001 et seq.

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Customer: replied 8 years ago.
Reply to XXXXX XXXXX's Post: read all the stuff you referred me to; my understanding is that there is NO way to appeal if you've passed the time limit...is this correct?
Expert:  Marcus Parker replied 8 years ago.

Yes, but it is possible to seek collateral relief if you can prove that the judgment was entered because you were not notified of the hearing.

Customer: replied 8 years ago.
tried filing an appeal and noted that we were NOT notified of hearing; judge ruled appeal was "moot" - do we now go to another court to file? if so, which one?
Expert:  Marcus Parker replied 8 years ago.
As I said, the BAP. But how did the judge figure it was moot?
Customer: replied 8 years ago.
moot because appeal was untimely...we received an "Order Denying Motion to Dismiss as Moot" as the judgment had already been entered; then, 8 days later we get "Order Dismissing Appeal for Untimeliness" - bankruptcy is (supposed) to help those that basically have nothing - hence, the reason we were representing ourselves. Unfortunately in our case, we have all the supporting documentation to overturn the judgment, but have not been allowed to present it since we were not notified of the hearing - this bankruptcy proceeding has been going on for over 5 years; in that time, the Court has not been able to get our contact information correct (i.e. wrong address, defendant's address used as return address for notices sent to creditors (which were returned to us, as our address was on envelope); we even received notice that a hearing had been cancelled AFTER we attended it and met with the judge...they send nothing certified mail; how can they assume (with this history of mismailings) that we were notified of a hearing?
Sorry to rant...very much appreciate your thoughts.

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