Automatic Stay With A Pending Appeal
I filed an appeal and the defendant filed for bankruptcy. Do I need to file for relief from the automatic stay to do either of the following:
continue the appeal?
file an adversary proceeding in the bankrupty court, (assuming my appeal is successful)?
I am in California.
Re: Automatic Stay With A Pending Appeal
You should inform the appellate court of the appellee's bankruptcy. They will likely observe the stay upon being formally notified of the bankruptcy proceeding. Depending on the circumstances, although some debts are nondischargeable, your claim may be subject to discharge whatever the outcome of the appeal.
Re: Automatic Stay With A Pending Appeal
You can file either a motion to lift the stay with the bankruptcy court or file an adversary case in the bankruptcy court. Either way, the civil appeal is stayed until further order by the Bk court and you should, as Mr. K said, notify the appellate court of the stay so that the appeals case can be suspended.