The bankruptcy judge dismissed the case but the debtor intends to file for an appeal, does the stay still applies ?
Houston, TX
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Posted 3 months ago in Bankruptcy / Chapter 13
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As a creditor, can I take the debtor to court while he is appealing his case ?
Answers (1)Benjamin Patrick Payne
This attorney is licensed in Wisconsin.
Posted 3 months ago.
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Yes, unless the debtor obtains an order imposing the stay pending the outcome of his appeal. If the case has also been closed, you can also garnish or take by other legal process, property of the debtor without needing the permission of the bankruptcy court. If the debtor's case has not yet been closed, then you technically need the permission of the court before you take any property that belongs to the debtor and that was property of the debtor's bankruptcy estate. But you can take the debtor to court without the bankrutpcy court's permission as soon as his bankruptcy case is dismissed. Depending on whether the debtor's case has also been closed, you may need to seek the bankruptcy court's permission (filing a motion for relief from the automatic stay) to take property of the debtor after you obtain a judgment against him.
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