I'd like to see that case because under FRBP 8002 says this:
(2) *Filing Before the Entry of Judgment*. A notice of appeal filed after
the bankruptcy court announces a decision or orderbut before entry of the
judgment, order, or decreeis treated as filed on the date of and after the
entry.
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On Thu, Feb 26, 2015 at 4:11 PM, Giovanni Orantes
go@gobklaw.com [cdcbaa] wrote:
>
>
> I have a client whose non-judicial sale is tomorrow. At a hearing
> yesterday, the Court granted a motion for relief from stay and said it
> would waive the 14 day stay. This judge is pretty fast at signing orders.
> The bank hasn't even uploaded the order yet (as a notice of lodgement would
> be required) nor has the Judge signed the stay relief order. However, if
> the order is uploaded at the last minute and the judge signs it close to
> the foreclosure sale, it would rob us of our opportunity to appeal the stay
> order (at least because the 14 day stay was waived arbitrarily). Would
> anybody know if it would be proper to file the notice of appeal already?
> I've found a case where that was done and the court then entered a written
> order and the appeal was dismissed as premature.
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
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I'd like to see that case because under FRBP 8002 says this:
The post was migrated from Yahoo.