Should I file Motion to Vacate Judgment in original Superior Court or in Court of Appeals where already filed Notice of Appeal?

Asked over 4 years ago - Phoenix, AZ

After I was ordered to pay $20k in attorney's fees to the Petitioner as a sanction for being in civil contempt while in family court, I filed for Chapter 7 bankruptcy and received a discharge. I also started an appeal of the judgment and still have 2 weeks remaining for filing my opening brief. Instead of appealing the money judgment, could I instead, submit a Motion to Vacate Judgment because the bankruptcy discharge applies to the judgment? Would I file this in Superior Court or the Court of Appeals? The family court case did not involve any claims for child support, and the only other outcome from judgment was change to visitation which is moot as child turned 18 the next month.

Attorney answers (1)

  1. Answered . Filing a notice of appeal generally deprives the trial court of jurisdiction over the case. You are in a serious procedural situation and should have a lawyer involved. Really.

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