Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

Hello again Fritz. How does a Debtor know if an order by

Hello again Fritz. How...
Hello again Fritz.
How does a Debtor know if an order by a Judge is a "final order" for the purpose of an appeal (Fed.Bankr.P. 8001(b), 8003(a)vs. an Interlocutory order requiring a motion for leave to appeal pursuant to 28 USC 158(a)(3)?

Also, when filing a "Notice of Appeal," my understanding that a "Separate Notice" of election to have the appeal heard in Federal District Court vs. by the Bankruptcy Appellant Panel 28 USC 158(c)(1)(B). What is the "Standard Caption" wording for this District Court "Election?"

Also, in a notice of Appeal; does one need to list ALL of the issues at Controversy" In detail" which they are seeking an appellate review of or is this a brief statement and the supported detailed argument is saved for the 1st Appellee Brief (Under 50 pages)? Dooes one also list the "relief being sought in the "notice of Appeal? Or is this saved for the Appellee brief?

Does all appeal notices need to be sent to the entire matrix or just the Trustee and UST - - and their attorneys? Rule?

Do you know which Bankruptcy Judges are on the Appellant Panel for the middle District of Florida?

Can an indigent debtor request all fees associated with an appeal to be waived? If so, even in district court? Rule(s)?

If you would like to see where I am going with this; feel free to read Doc No.: 258 which was "continued to next week. (5 page document) 8:09-bk-27251-MGW.

Also, can an one appeal a Court's decision on an issue raised and advocated for orally in open court? Rule?

Do you know where the best place for me to go to find a well written sample bankruptcy appellate brief?

There is also one issue I might want to mediate vs. move forward with. What is the Fed.Bankr.P. Rule allowing for and describing the procedures to request such a mediation "order?" This is in relation to Doc. No.: 259 - -also to be heard next week. If mediation fails, I can always ask for jury trial on those issues as raised in Doc. 259.

Thanks again

JT
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 12 minutes by:
11/1/2012
Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Verified

Fritz :

Hi, I'd like to assist you with your bankruptcy questions today.

Fritz :

"How does a Debtor know if an order by a Judge is a "final order" for the purpose of an appeal (Fed.Bankr.P. 8001(b), 8003(a)vs. an Interlocutory order requiring a motion for leave to appeal pursuant to 28 USC 158(a)(3)?"

Fritz :

A: This is actually a very tricky legal question that depends on exactly what the Debtor is trying to appeal. Can you provide any more specific information?

Customer:

yes I can. Can you look at doc 258 and 259 to see what I am trying to do?

Fritz :

"Also, when filing a "Notice of Appeal," my understanding that a "Separate Notice" of election to have the appeal heard in Federal District Court vs. by the Bankruptcy Appellant Panel 28 USC 158(c)(1)(B)."

Fritz :

A: In the 11th Circuit, this is not possible, as there is no BAP.

Customer:

is this the circuit that I am in?

Fritz :

Yes, Florida is in the 11th Circuit. Appeals from dispositive orders of bankruptcy judges may be taken to the district court.

Fritz :

(since there's no BAP)

Customer:

What about how "specific" on the issues being appealed in the "notice? and the Refief being sought "in the notice"?

Fritz :

Here's a link to the basic instructions for filing a Notice of Appeal: http://www.ehow.com/how_6657782_file-appeal-bankruptcy-court-attorney.html

Customer:

Also, can an one appeal a Court's decision on an issue raised and advocated for orally in open court? Or must it have been officially "pled" in writing?

Customer:

Do you know where the best place for me to go to find a well written sample bankruptcy appellate brief?

Fritz :

The appellate process will be very difficult to handle yourself; it is highly recommended that you retain an attorney to help you with your appeal.

Fritz :

Let me take a look for a decent brief... please give me a moment.

Customer:

There is also one issue I might want to mediate vs. move forward with. What is the Fed.Bankr.P. Rule allowing for and describing the procedures to request such a mediation "order?"

Customer:

Can an indigent debtor request all fees associated with an appeal to be waived? If so, even in district court? Rule(s)?

Fritz :

Which docket entry is the final order?

Customer:

you still there Fritz?

Fritz :

yes

Customer:

checking for doc No.. give me a sec.

Fritz :

In the Middle District of Florida, there's no real procedure for mediation that I know of other than a Motion for Mortgage Modification Mediation in a Chapter 13.

Fritz :

You can try to file a Motion for Mediation, but it would be entirely discretionary as to whether the Judge would grant the Motion. There's no rule on point (other than for Mortgage Modification Mediations).

Customer:

213,223,255,256,257,275,253,

Fritz :

While I don't think it's all that likely the Judge would grant your Motion, filing a Motion for Mediation wouldn't be completely out of line. It's a relatively reasonable request.

Customer:

Doc 275 has preserved my appeal rights

Fritz :

Let me take a look...

Customer:

also Docs 253 and 254

Customer:

Thanks.

Fritz :

D.E. numbers 253 through 257 may be "final orders" you can properly appeal.

Fritz :

Arguably a few of them may not be, but you should include them all in your appeal so you don't waive anything by mistake.

Customer:

One of the appeal issues in contraversary is whether or not the UST conducted a "proper" fact-finding investigation prior to re-opening my bankruptcy which was done vis ex-parte "generic" motion with no supporting facts whaich was later found out to be done by a vindictive ex-spouse who started sending complaints to the UST office nearly a year eairlierer and past the "bar" date for the ex-spouse to file a complaint. UST basiclly threw speggatti against the wall just prior to her being "time bared" to see if it would stick. If the "true" complaintant is an ex-spouse - -who was "barred" from re-opening my case, but later used the UST wh filed all docs showing it was ex-spouse under "seal" which were previously undiscoverable, but are now in view for the public, pursuant to rule 60D,I was denied the right to be heard. Also, my 2004 deposiion was used contstantly for opposing to get more oreders from the court when an objection at the onset of the 2004 was put on the record stating that I was under the influence and my doctor say I would not be able to give an accurate deposituon, and under rule 32, a hearing would be required prior to the use of the 2004; which never happened.

Fritz :

Note that this particular brief is for an appeal to the 11th Circuit Court of Appeals, whereas your appeal is to the Federal District Court for the Middle District of Florida (if you lose that appeal, you could then appeal to the 11th Circuit Court of Appeals).

Customer:

Great...thanks.

Fritz :

You should raise all of the above issues. As you can see, an appellate brief is comprehensive. If you don't raise an issue, you won't be able to argue it at hearing, so you want to raise every potential legal issue you can that was addressed by the bankruptcy court below.

Fritz :

Quite often, an appellate court will decide a case based on a "throw-in" argument rather the the main argument that was extensively briefed.

Fritz :

So any viable legal argument is worth including in your brief.

Fritz :

Here's a link to the cover sheet for an appeal in the Middle District of Florida: http://www.flmb.uscourts.gov/forms/documents/appealcoversheet.pdf

Customer:

Great.. I have only done a few appellate brifes and only one was a "real one" done as an intern. The other were from school for grade in Crim. Law.

Customer:

What about the rule for waiving filing fees?

Customer:

great form. Thanks

Fritz :

Basically, only Chapter 7 Debtors may be entitled to a fee waiver, and then only by following specific procedures.

Customer:

Thanks again.

Fritz :

Hypothetically, you could file the appeal along with an Affidavit demonstrating inability to pay, and the Court could grant a waiver... but it's simply too risky, as your appeal will be DENIED if the waiver is not approved.

Fritz :

Thank you. Don't hesitate to request me again if you have other questions.

Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Verified
Fritz and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Hello Fritz - -see two seperate questions posted for you.

 

Thanks

 

JT

I will take a look at the other question threads and provide answers there. Thanks!
Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Verified
Fritz and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask Fritz Your Own Question
Fritz
Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
302 Satisfied Customers
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Fritz is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

302 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Received a notice of automatic dismissal without the entry
Received a notice of automatic dismissal without the entry of a discharge. for failure to file documents. a/b, D, E/F,I,J,J2,statement of your current monthly, income BUT I filed these forms but at 2 … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Law Educator I am attaching my rough draft to the trustee
Law Educator I am attaching my rough draft to the trustee -please advise in your professional opinion if there is something that needs to be deleted or added. Also, I am attaching the minute entry to … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If the trustee rules that the person filing for bankruptcy
If the trustee rules that the person filing for bankruptcy has an equitable interest in real estate, can that ruling interfere with his exemption. Or is he allowed then to file for his right of redemp… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
My question is regarding a bankruptcy, chapter 13. one of my
Hello. my question is regarding a bankruptcy, chapter 13. one of my clients filled for chapter thirteen 8 years ago. I leaned several pieces of his equipment. We went to trial in Oakland ca. several m… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
If you have a trial scheduled and the US Trustees Office is
If you have a trial scheduled and the US Trustees Office is trying to get your case dismissed and you have been dealing with your attorney who has been doing things that will get him disbarred, how do… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
Rule 1009 all petitions, lists and scheduled statements and
Rule 1009 all petitions, lists and scheduled statements and admendments should be verified or contain unsworn delcaration to filed what is this… read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I filed bankruptcy and just received a notice saying
hello. I filed bankruptcy and just received a notice saying sheriffs notice of bankruptcy procedures. pursant to a creditors instructions under a writ of execution , the sheriff levied on and is curre… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I have hard evidence that the Trustee and Trustee atty were
Hello - I have hard evidence that the Trustee and Trustee atty were negligent, breached their fiduciary duties and allowed my federal case of fraud in the inducement run the SOL, without pursuing as t… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
The Trustee in a corporate bankruptcy case erased and/ or
The Trustee in a corporate bankruptcy case erased and/ or deleted tape recorded testimony of a key witness in a 2004 bankruptcy rule deposition. what recourse do I have being that witnesses testimony … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Second opinion] The Trustee in a corporate bankruptcy case
Second opinion] The Trustee in a corporate bankruptcy case erased and/ or deleted tape recorded testimony of a key witness in a 2004 bankruptcy rule deposition. what recourse do I have being that witn… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
My confirmation meeting is next week and th trustee wants a
my confirmation meeting is next week and th trustee wants a modified plan so i won't be confirmed, what may happen … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I received notice from the Trustee of an "Order Striking
I received notice from the Trustee of an "Order Striking Filing For Failure To Comply With Required Procedures".I believe the problem is with a creditor who had an undeliverable address, however, I ha… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I received a notice of bankruptcy from my ex husband. I am
I received a notice of bankruptcy from my ex husband. I am named as a creditor who has unsecured claims. It is domestic support obligation. Do I have to fill out the proof of claims form? If so what d… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I had just filed chpt 13 met with trustee last Thursday I
I had just filed chpt 13 met with trustee last Thursday I got a surprise when I got home my son had paid off my home and car 359000 What do i do from here? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently made my last chapter 13 payment to the trustees
I recently made my last chapter 13 payment to the trustees office. I fell behind on my mortgage and have been in a trial modification. On the notice of final cure my lender stated the amount I was del… read more
socrateaser
socrateaser
1,031 satisfied customers
I need a sample letter to respond to a Amended Notice Motion
I need a sample letter to respond to a Amended Notice Motion in bankruptcy. Its a Motion for Relief from a Automatic Stay.… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
Does the trustee need a court order to sell a debtors
Does the trustee need a court order to sell a debtors primary residence? The equity is claimed as exempt, but the trustee believes there is more equity in the house than the debtor claimed. Reference … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I received bankruptcy notices regarding a company that
I received bankruptcy notices regarding a company that offered me shares for some land my family owned. The bankruptcy is a chapter 11 filing. I assume that I get these notices because I am a debtor, … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x