Central District Consumer Bankruptcy Attorney's Association

Definitely not in my comfort zone to answer.
In my opinion, bond requirements don't change. If you don't request a stay
pending appeal, you don't have one. It's possible judge does not require
you to post one but be warned that if you need to finance it, get that
motion in before going forward.
Practically speaking, a bankruptcy stays enforcement of judgments. To the
extent you need a stay to prohibit levy etc, you have one due to the
bankruptcy. It goes without saying (but we lawyers love to say things),
that if the bk is dismissed, you lose the stay. The bk does not stay all
things, particularly the ability to pursue 3rd parties. I am very
unqualified to give an opinion on this subject but I hope I am being
helpful.
Sincerely,
Michael Avanesian
On Tue, Nov 25, 2014 at 4:43 PM, Bert Briones bertbri@ymail.com [cdcbaa] wrote:
>
>
> Thanks. Do you happen to know how the bond requirements of the appeal
> process are affected by the bankruptcy case?
>
>
> On Wednesday, November 19, 2014 11:57 PM, "Michael Avanesian
> michael@avanesianlaw.com [cdcbaa]" wrote:
>
>
>
> I am assuming this is a Chapter 11? If so, be sure counsel is employed
> before lifting the stay. If Chapter 7, then cause of action belongs to
> Trustee. Some Trustees won't say a thing until you win, then they'll say
> you never got employed so your fees belong to him.
>
> Regarding your question, unless the Debtor initiated the underlying
> lawsuit, I would say the appeal is stayed. Two cases to back this up (both
> binding) are: In re White, 186 BR 700 - Bankr. Appellate Panel, 9th Circuit
> 1995 and Parker v. Bain, 68 F. 3d 1131 - Court of Appeals, 9th Circuit 1995.
>
> I say both binding because I am 99% sure Judge Jury believes the BAP is
> binding on her.
>
> Sincerely,
> Michael Avanesian
>
> On Wed, Nov 19, 2014 at 2:18 PM, Bert Briones bertbri@ymail.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
> Does anyone know if this case has applicability in the 9th Circuit or
> specifically with Judge Jury in Riverside.
>
> I have a client who wants to file post trial motions and potentially to
> appeal a state court judgment (primary creditor in our case). The debtor
> was the defendant in the state court action. The question is do we need to
> apply for relief from stay?
>
>
>
>
>
>
Definitely not in my comfort zone to answer.In my opinion, bond requirements don't change. If you don
The post was migrated from Yahoo.

Thanks. Do you happen to know how the bond requirements of the appeal process are affected by the bankruptcy case?
On Wednesday, November 19, 2014 11:57 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" wrote:
I am assuming this is a Chapter 11? If so, be sure counsel is employed before lifting the stay. If Chapter 7, then cause of action belongs to Trustee. Some Trustees won't say a thing until you win, then they'll say you never got employed so your fees belong to him.
Regarding your question, unless the Debtor initiated the underlying lawsuit, I would say the appeal is stayed. Two cases to back this up (both binding) are:In re White, 186 BR 700 - Bankr. Appellate Panel, 9th Circuit 1995 andParker v. Bain, 68 F. 3d 1131 - Court of Appeals, 9th Circuit 1995.
I say both binding because I am 99% sure Judge Jury believes the BAP is binding on her.
Sincerely, Michael Avanesian
On Wed, Nov 19, 2014 at 2:18 PM, Bert Briones bertbri@ymail.com [cdcbaa] wrote:
Does anyone know if this case has applicability in the 9th Circuit or specifically with Judge Jury in Riverside.
I have a client who wants to file post trial motions and potentially to appeal a state court judgment (primary creditor in our case). The debtor was the defendant in the state court action. The question is do we need to apply for relief from stay?

The post was migrated from Yahoo.

I am assuming this is a Chapter 11? If so, be sure counsel is employed
before lifting the stay. If Chapter 7, then cause of action belongs to
Trustee. Some Trustees won't say a thing until you win, then they'll say
you never got employed so your fees belong to him.
Regarding your question, unless the Debtor initiated the underlying
lawsuit, I would say the appeal is stayed. Two cases to back this up (both
binding) are: In re White, 186 BR 700 - Bankr. Appellate Panel, 9th Circuit
1995 and Parker v. Bain, 68 F. 3d 1131 - Court of Appeals, 9th Circuit 1995.
I say both binding because I am 99% sure Judge Jury believes the BAP is
binding on her.
Sincerely,
Michael Avanesian
On Wed, Nov 19, 2014 at 2:18 PM, Bert Briones bertbri@ymail.com [cdcbaa] wrote:
>
>
> Does anyone know if this case has applicability in the 9th Circuit or
> specifically with Judge Jury in Riverside.
>
> I have a client who wants to file post trial motions and potentially to
> appeal a state court judgment (primary creditor in our case). The debtor
> was the defendant in the state court action. The question is do we need to
> apply for relief from stay?
>
>
>
I am assuming this is a Chapter 11? If so, be sure counsel is employed before lifting the stay. If Chapter 7, then cause of action belongs to Trustee. Some Trustees won't say a thing until you win, then they'll say you never got employed so your fees belong to him.Regarding your question, unless the Debtor initiated the underlying lawsuit, I would say the appeal is stayed. Two cases to back this up (both binding) are:In re White, 186 BR 700 - Bankr. Appellate Panel, 9th Circuit 1995 andParker v. Bain, 68 F. 3d 1131 - Court of Appeals, 9th Circuit 1995.I say both binding because I am 99% sure Judge Jury believes the BAP is binding on her.
The post was migrated from Yahoo.

Does anyone know if this case has applicability in the 9th Circuit or specifically with Judge Jury in Riverside.
I have a client who wants to file post trial motions and potentially to appeal a state court judgment (primary creditor in our case). The debtor was the defendant in the state court action. The question is do we need to apply for relief from stay?

The post was migrated from Yahoo.