Results 1 to 10 of 22

Threaded View

  1. #17
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Motion Filed Before Defendant Filed Bankruptcy

    Quote Quoting nobeefcow
    View Post
    I meant to say to my local district court. Now that I'm thinking of it, would it advantageous to seek a declaratory judgement from my local district court on what claims may go forward rather than ask the bankruptcy court to lift the stay?
    Not really sure what you're talking about. There's no such thing as a "local district court" in New York. State courts are called supreme courts or county courts and have nothing to do with bankruptcy matters. On the federal level, the State of New York is divided into four districts. The Eastern District covers all of Long Island. The Southern District covers NYC (other than Brooklyn and Queens) and about half a dozen counties just north of NYC. The Western District covers that part of the state west of Ithaca (roughly). The Northern District covers the rest of it. Bankruptcy court decisions are generally appealed to district court (e.g., if you don't like a decision of the U.S. Bankruptcy Court for the Western District of New York, you'd generally appeal it to the U.S. District Court for the Western District of New York). You would not file a separate declaratory judgment action because you don't like a BK court ruling.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 3
    Last Post: 05-10-2016, 03:04 PM
  2. Adversary Proceedings: Defendant Filed Bankruptcy
    By AmandaS042 in forum Bankruptcy Law
    Replies: 4
    Last Post: 04-18-2011, 06:40 AM
  3. Adversary Proceedings: Defendant Filed for Bankruptcy Mid-Lawsuit
    By MCollins in forum Bankruptcy Law
    Replies: 3
    Last Post: 03-21-2011, 02:10 PM
  4. Pretrial Motions: Defense Lawyer Filed a Motion Against Defendant's Wishes
    By Defense_ohio_law in forum Criminal Procedure
    Replies: 3
    Last Post: 04-22-2010, 08:48 PM
  5. Motions: Defendant's Lawyer Filed Dispositive Complaint but Made No Motion
    By allaboutthelaw in forum Civil Procedure
    Replies: 4
    Last Post: 01-19-2010, 11:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources