Central District Consumer Bankruptcy Attorney's Association

You're probably right. I think I turned your "d" word into "discharged"
rather than "dismissed." If the underlying case is dismissed, there is
usually not much point to the continuation of the adversary proceeding.
The only exception that comes easily to mind is if you have a Section 505
redetermination of tax - a decision there would matter whether the debtor
stays in bankruptcy or not. But it's a pretty rare proceeding and one that
a bankruptcy judge will do everything she can to throw out on the merest
pretext even if the debtor is in bankruptcy.
John D. Faucher
Faucher & Associates
*818/889-8080*
On Tue, Mar 5, 2013 at 4:07 PM, PHiLiP E. KOeBeL, Esq.
wrote:
> **
>
>
>
> but that's more theoretically true than practically true...
>
>
> On Tue, Mar 5, 2013 at 10:41 AM, John D. Faucher j.d.faucher@sbcglobal.net> wrote:
>
>> **
>>
>>
>> No. The Adversary Proceeding is a separate case, and can deal with
>> issues that survive the closing of the bankruptcy (such as lien valuation
>> or dischargeability of a particular debt).
>>
>> John D. Faucher
>> Faucher & Associates
>> *818/889-8080*
>>
>>
>> On Thu, Feb 28, 2013 at 3:11 PM, PHiLiP E. KOeBeL, Esq. > lawofpek@gmail.com> wrote:
>>
>>> **
>>>
>>>
>>>
>>> does an appeal of an adversary proceeding (AP) automatically become moot
>>> if the underlying bankruptcy case is dismissed before the appeal is
>>> resolved?
>>>
>>>
>>
>
>
You're probably right. I think I turned your "d" word into "discharged" rather than "dismissed." If the underlying case is dismissed, there is usually not much point to the continuation of the adversary proceeding. The only exception that comes easily to mind is if you have a Section 505 redetermination of tax - a decision there would matter whether the debtor stays in bankruptcy or not. But it's a pretty rare proceeding and one that a bankruptcy judge will do everything she can to throw out on the merest pretext even if the debtor is in bankruptcy.
John D. Faucher
The post was migrated from Yahoo.

but that's more theoretically true than practically true...
On Tue, Mar 5, 2013 at 10:41 AM, John D. Faucher
wrote:
> **
>
>
> No. The Adversary Proceeding is a separate case, and can deal with issues
> that survive the closing of the bankruptcy (such as lien valuation or
> dischargeability of a particular debt).
>
> John D. Faucher
> Faucher & Associates
> *818/889-8080*
>
>
> On Thu, Feb 28, 2013 at 3:11 PM, PHiLiP E. KOeBeL, Esq. lawofpek@gmail.com> wrote:
>
>> **
>>
>>
>>
>> does an appeal of an adversary proceeding (AP) automatically become moot
>> if the underlying bankruptcy case is dismissed before the appeal is
>> resolved?
>>
>>
>
>
but that's more theoretically true than practically true...On Tue, Mar 5, 2013 at 10:41 AM, John D. Faucher <j.d.faucher@sbcglobal.net> wrote:
No. The Adversary Proceeding is a separate case, and can deal with issues that survive the closing of the bankruptcy (such as lien valuation or dischargeability of a particular debt).
John D. Faucher
Faucher & Associates818/889-8080
On Thu, Feb 28, 2013 at 3:11 PM, PHiLiP E. KOeBeL, Esq. <lawofpek@gmail.com> wrote:
does an appeal of an adversary proceeding (AP) automatically become moot if the underlying bankruptcy case is dismissed before the appeal is resolved?

The post was migrated from Yahoo.

No. The Adversary Proceeding is a separate case, and can deal with issues
that survive the closing of the bankruptcy (such as lien valuation or
dischargeability of a particular debt).
John D. Faucher
Faucher & Associates
*818/889-8080*
On Thu, Feb 28, 2013 at 3:11 PM, PHiLiP E. KOeBeL, Esq.
wrote:
> **
>
>
>
> does an appeal of an adversary proceeding (AP) automatically become moot
> if the underlying bankruptcy case is dismissed before the appeal is
> resolved?
>
>
>
No. at survive the closing of the bankruptcy (such as lien valuation or dischargeability of a particular debt).
John D. Faucher
Faucher & Associates818/889-8080
On Thu, Feb 28, 2013 at 3:11 PM, PHiLiP E. KOeBeL, Esq. <lawofpek@gmail.com> wrote:
does an appeal of an adversary proceeding (AP) automatically become moot if the underlying bankruptcy case is dismissed before the appeal is resolved?

The post was migrated from Yahoo.

does an appeal of an adversary proceeding (AP) automatically become moot if
the underlying bankruptcy case is dismissed before the appeal is resolved?
does an appeal of an adversary proceeding (AP) automatically become moot if the underlying bankruptcy case is dismissed before the appeal is resolved?

The post was migrated from Yahoo.