How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
Type Your Bankruptcy Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

I filed a appeal in the appellate court and I am currently

Resolved Question:

I filed a appeal in the appellate court and I am currently in a chpt 13 bk. all matters are stayed in the lower court until January 14, 2010 when the court will due a bk review. I filed a appeal on leave to amend my complaint on October 17, 2008 after losing a hearing. I just received a letter from the appellate court stating they want to updated their docket by inquiring into the status of my bk and assure that the petition has not been abandoned or become moot. I have to respond within in 20 days. How do I respond to this and will my bk affect the appeal I filled prior to my bk.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 8 years ago.
Need a little clarification please. Can you please specifically identify which courts are involved.
Customer: replied 8 years ago.
santa clara county state superior court (lower court) and the other court is the sixth district appellate court of appeals
Expert:  Maverick replied 8 years ago.

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.



Please click "ACCEPT" so I can get credit for my work. We can continue our conversation after this at no additional charge.


Please know there may be a delay of a few minutes to a few hours between my answers as I may be helping others or may be away from the computer. But rest assured, I will get back in touch with you. Also, I thank you in advance for any positive feedback or bonus that you may decide to offer for this service.


If for some reason you believe that I have not answered your specific question, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question upon my reading of your post and sometimes misunderstandings can occur. Just write back with your specific question. Open communication is the key.


Finally, please remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you for the opportunity to assist you. You can always request me to assist you on future questions by beginning your question with "This is for JA expert Maverick"




Customer: replied 8 years ago.
I filed a appeal on Oct.17,2008 on a hearing that i lost in superior court on oct.7,2008. On feb. 27, 2009 i filed for bk. I then filed a stay in superior on april 21, 2009 and not in bk court. state superior court issued a order after i filed the stay setting a bk review hearing for 1/14/09. I just want to know if this will effect a appeal that was already filed and in process prior to filing bk.
Expert:  Maverick replied 8 years ago.

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.

Maverick and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions