Thank you for the update. Since you are in California, the 9th Circuit cases control on the issue you have presented here. The answer to your question is addressed by the Ingresoll case which you can find at the link below:
Basically, you appeal in the state court (6th district appellate ct) is stayed by the automatic stay that was evoked by your filing of the BK. Relief from an automatic stay is possible, however, under section 362(d). The bankruptcy court, under this section, may lift a stay upon request of a party in interest following notice and a hearing. 11 U.S.C. Sec. 362(d).
I would send a response to the appellate court that you believe the appeal is still pending and subject to the automatic stay as per the case that is at the above link. I would also let the court know that the BK court is not palnnin gon doing anything until 1/14/2010.
You may want to send copies of that letter to the lower court and opponents as well.
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the 2/27/09 BK that you filed placed an automatic stay on the appeal that you filed on 10/17/08 and on the case you lost in superior court on 10/7/08. The stay you filed in superior ct on 4/21/09 was meaningless other than it provided the ct with notice that you had filed BK. The actual stay went into effect on both the state ct cases on 2/27/09.
Yes, the BK stay means that both the state court cases, the superior ct and the appellate, are at a stand still until the BK stay is lifted. That is why the appeals ct has sent you a letter asking you what is the status of your BK.
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