Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi JA Customer,
The automatic stay applies to an appeal also.
If the creditor is included in the Bankruptcy, then there is no longer a need for an appeal, as the Bankruptcy will discharge the creditor's judgment, even though the judgment is being appealed.
he filed for advarsery proceeding to exclude his debt from the BK
(As long as the judgment is for a debt that is dischargeable - not for something like alimony or child support.)
that is why I was asking, since I will be fightuing it in court
he is claiming that he got a final judgment, and I told the attorney there was no final judgment since the case still in the appeal court
The automatic stay does not apply to you - if you want to continue the appeal in state court, you can.
what I mean by that is his judgment is not final since I'm still in the appeal court, is that correct
Yes - that is correct.
thank you so much