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DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 433
Experience:  Attorney at Drake Law Firm PLC
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Right now i am in the appellant court over a bk order where

Customer Question

right now i am in the appellant court over a bk order where a judge back dated an endorsemnt to a note in order to give the alleged lender holder status. while pending appeal the judge dismissed the case i did not appeal the dismissal. in a few day appellant brief is due. I just filed a wrongful foreclosure law suit im wondering will the alleged lender be able use what ever evidence and issue on appeal if it should happen to be dismissed as moot will this hinder my ability to use the evidence and issues in my new wrongful foreclosure suit as resjudicata or colateral estoppel? should i close my appellant case so that the appellant judge doesn't render my case as moot keeping me from using my evidence and issues?.
Submitted: 5 months ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 months ago.

right now i am in the appellant court over a bk order where a judge back dated an endorsemnt to a note in order to give the alleged lender holder status. while pending appeal the judge dismissed the case i did not appeal the dismissal. in a few day appellant brief is due. I just filed a wrongful foreclosure law suit im wondering will the alleged lender be able use what ever evidence and issue on appeal if it should happen to be dismissed as moot will this hinder my ability to use the evidence and issues in my new wrongful foreclosure suit as resjudicata or colateral estoppel?

Response 1: The lender would try.

should i close my appellant case so that the appellant judge doesn't render my case as moot keeping me from using my evidence and issues?.

Response 2: Yes.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 4 months ago.
ok this really needs to be clear to me on closing the appeal myself, what are the pros and cons of doing this?
Will my new state action be precluded, because vital evidence in the bankruptcy could not be used since i dismissed my appeal which turns this into a final order?
Expert:  DrakeLAW replied 4 months ago.

It appears you have multiple open requests and despite correct answers being given on other requests you gave a negative rating or no rating to experts. I will opt out of any further questions.

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