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Ray
Ray, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 36989
Experience:  30 years in civil, probate, real estate, elder law
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Im in bk i filed an appeal on an order that i belive is a

Customer Question

Im in bk i filed an appeal on an order that i belive is a reversable error, but it seems like the trustee is gonna dismiss me because i cant aford to pay the arrearages on my mortgage. If my bk is dismissed will my appeal be dismissed also? Before a judgemnet can be rendered?
Submitted: 6 months ago.
Category: Bankruptcy Law
Expert:  Ray replied 6 months ago.
Hi and welcome to JA. Ray here to help you today. You would have right to complete your appeal here. A reversal would have the trial judge reinstate.You really need to seek an TRO injunction here from court of appeals to stop the dismissal.This would be irreparable harm if it was dismissed.If you want to stop the dismissal you need such a TRO injunction for the duration of the appeal. I appreciate the chance to help you tonight.Thanks again.
Expert:  Ray replied 6 months ago.
Recognizing that there are policy reasons that necessitate the immediate appellate review of certain non-final orders, Congress has provided for interlocutory review of three specific types of case. Under 28 U.S.C. § 1292(a), the courts of appeals are granted jurisdiction over: (1) Interlocutory orders . . granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court; (2) Interlocutory orders appointing receivers, or refusing to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property; (3) Interlocutory decrees . .. determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed. 28 U.S.C. § 1292(a). Section 1292(a) is used most frequently in cases involving injunctions. For purposes of § 1292(a)(1), the Third Circuit has defined an "injunction" as an order directed to a party, enforceable by contempt, and designed to accord or protect, in more than a temporary fashion, some or all of the substantive relief sought by a complaint. Casey v. Planned Parenthood of Southeastern Pennsylvania, 14 F.3d 848, 854 (3d Cir. 1994); see also United States v. Santtini, 963 F.2d 585, 590 (3d Cir. 1992); Cohen v. Board of Trustees, 867 F.2d 1455, 1465 n.9 (3d Cir. 1989) (in banc); American Motorists Inc. v. LevelorLorentzen, Inc., 879 F.2d 1165, 1172 (3d Cir. 1989). Orders granting or refusing preliminary relief are only appealable if they are based on the merits of the case. See Rodgers v. U.S. Steel Corp., 541 F.2d 365, 373 (3d Cir. 1976); see also Hershey Foods Corp. v. Hershey Creamery Co., 945 F.2d 1272 (3d Cir. 1991) Th is sounds like you are appealing an interlocatory order and need a TRO/ injunction here to stop dismissal during appeal.
Expert:  Ray replied 6 months ago.
Injuntions http://www.stevenslee.com/injunctions-a-practical-guide-to-one-of-the-laws-most-powerful-tools/
Expert:  Ray replied 6 months ago.
You motion trial for a TRO injunction until appeal has been rendered. http://www.fjc.gov/public/pdf.nsf/lookup/primjur2.pdf/$file/primjur2.pdf See section 4 Thanks again.