Foreclosure Appeal And Bankruptcy

Summary

Filing for Chapter 13 bankruptcy can impose an automatic stay on foreclosure proceedings, which may affect your ability to continue an appeal. However, if the bankruptcy court allows, you may proceed with the appeal. The court might restrict the appeal if it conflicts with the bankruptcy process or creditor interests. Consulting a bankruptcy attorney is advisable to understand the specific impact on your case. If your attorney advises no impact, it is prudent to follow their guidance.

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I am appealing a foreclosure judgment to the Kentucky Supreme Court, and I am unable to post the supersedeas bond to stay judgment execution. If I file Chapter *, can I still continue the appeal?
Filing for Chapter * bankruptcy can potentially affect your ability to continue an appeal. Here are some general points:
- Filing Chapter * typically imposes an automatic stay on foreclosure proceedings.
- You may continue with the appeal if the bankruptcy court allows it.
- Consult a bankruptcy attorney to understand the impact on your specific case.
Would you like to be connected to local lawyers who can assist further with your situation?
Why would the bankruptcy court not allow me to continue my appeal?
The bankruptcy court may decide not to allow you to continue your appeal for several reasons:
- The appeal may conflict with the bankruptcy process or the interests of creditors.
- The court might deem the appeal unnecessary for your bankruptcy plan.
- There could be issues with the supersedeas bond requirements.
Consulting a bankruptcy attorney would provide more clarity tailored to your situation. Would you like assistance in connecting with local lawyers?
My attorney advised that filing chapter * would have no impact on the appeal.
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Filing Chapter * can have complex implications, and attorney advice may vary. Here are some considerations:
- Automatic stay might not affect appeals unless necessary for bankruptcy proceedings.
- If your attorney confirms no impact, following their advice is prudent.
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