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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello; I filed BK chapter 7, and one of the creditor that

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Hello;

I filed BK chapter 7, and one of the creditor that I'm appealing his judgment in TX, does the appeal give an automatic stay for a judgment to be included in the BK .. Please help

cfortunato :

Hi JA Customer,

cfortunato :

The automatic stay applies to an appeal also.

cfortunato :

If the creditor is included in the Bankruptcy, then there is no longer a need for an appeal, as the Bankruptcy will discharge the creditor's judgment, even though the judgment is being appealed.

Customer:

he filed for advarsery proceeding to exclude his debt from the BK

cfortunato :

(As long as the judgment is for a debt that is dischargeable - not for something like alimony or child support.)

Customer:

that is why I was asking, since I will be fightuing it in court

Customer:

he is claiming that he got a final judgment, and I told the attorney there was no final judgment since the case still in the appeal court

cfortunato :

The automatic stay does not apply to you - if you want to continue the appeal in state court, you can.

Customer:

what I mean by that is his judgment is not final since I'm still in the appeal court, is that correct

cfortunato :

Yes - that is correct.

Customer:

thank you so much

cfortunato :

You're welcome!

cfortunato and other Bankruptcy Law Specialists are ready to help you