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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Chapter 7 bankrucptcy can the debitors attorney appelle a

Customer Question

Chapter 7 bankrucptcy: can the debitors attorney appelle a decision render by the judge: such as motion to turn over property: Shouldn't the debitors attorney be given an opportunity to argue there case before a decision is renender. what recourse does one have if not. Can they appelle there decision
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.
Hello,

A turn over motion is made by the trustee not a judge. Your attorney would have the opportunity to have the judge hear arguments on the issue. If the judge grants the turnover, the judge's decision can be appealed.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
does this stop any action of the turn over pending the appeal hearing
Expert:  Ellen replied 7 years ago.
Yes.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
I presented the question regarding an appeal to my attorney and was informed could and would apply in this matter.
Expert:  Ellen replied 7 years ago.
Hello,

Please clarify - are you asking me a question or confirming my prior answer?
Customer: replied 7 years ago.

Your prior answer was that you can appeal a ruling for a turn over of property in chapter 7 . My attorney informed me that an appeal could not be filed and the only thing was to comply with the judge. Were is the justice if you know the judge and trustee are working against you .
I have recently been informed that the trustee submitted a motion objecting to the claim of exemptions which was file two monh after the meet with the creditor

I understand that they have an enormous amount of power. Why don't they just indicate that they want to get paid never mind the creditors In the case in point the only body to be paid form the sale of the vehicle will be the judge & trustee .

 

Expert:  Ellen replied 7 years ago.
WOW. So sorry for your situation.