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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111637
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am in a Bankruptcy Chapter 11 preceding whereby 12 days ago

Customer Question

I am in a Bankruptcy Chapter 11 preceding whereby 12 days ago the Judge made a decision to enforce a settlement agreement with the main creditor. I filed a notice of appeal about 7 days ago. A couple days ago a separate creditor filed a motion for partial reconsideration of the order enforcing the settlement stating the courts order changed the terms of the voluntarily agreed settlement. My question is although i am aware that I have to file the actual appeal 14 days after the judges order Does the new motion for partial reconsideration start the clock over for the 14 days to file the appeal?
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, the separate creditor filing a separate motion for partial reconsideration does not start the clock over. The appeal time is not stayed automatically pending that reconsideration. You can file a motion to stay pending the motion for reconsideration, which would extend your time to get the appeal filed and most times the court will grant that stay.
Customer: replied 6 months ago.
Are you able to prepare the motion for stay pending the reconsideration for me and if so what would that cost?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
I sincerely ***** ***** I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. You would need to engage a local attorney to represent you to prepare any motions, since that is considered representation. Thank you for understanding.