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 socrateaser Your Own Question
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39039
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

If an appeal notice has been filed on a civil case and then

This answer was rated:

If an appeal notice has been filed on a civil case and then shortly thereafter a chapter 11 notice is filed on the case how is the appeal deadlines handled ?

If you are the appellant/defendant, then most courts agree that the bankruptcy stay extends to an appeal taken by the debtor defendant, because the stay bars “continuation” (as well as commencement) of an action against the debtor. Bankr. Code § 362(a)(1) (emphasis added); see Parker v. Bain (9th Cir. 1995) 68 F3d 1131, 1135-1136; Farley v. Henson (8th Cir. 1993) 2 F3d 273, 275; Ostano Commerzanstalt v. Telewide Systems, Inc. (2nd Cir. 1986) 790 F2d 206, 207.


In short, the appeal is stopped.

Hope this helps.

Customer: replied 4 years ago.

after the stay is released how does the court handle the appeal. does the timeframes start over or do the timesframes pick up with the number of days left when the appeal notice was filed.

Everything is "tolled," suspended, and starts right where it left off. In Chapter 11, the automatic stay is lifted when estate property is returned to the debtor -- which is usually when the bankruptcy plan is confirmed by the court. Bankr. Code 362(c)(1).

Hope this helps.

socrateaser and other Bankruptcy Law Specialists are ready to help you