Legal Question in Appeals and Writs in California
Dismissal of Appeal
If there is an appeal on atty fees in a dissolution case and the appeallant files bankruptcy can the appeal get dismissed? The judgemnet being appealed is a priority claim in the bankruptcy.
Asked on 11/24/08, 4:14 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Dismissal of Appeal
No. The appeal would probably be stayed pending the outcome of the bankruptcy case, but nothing more. If the debt is later discharged in bankruptcy the appeal might be dismissed as moot, but even then this would depend upon other aspects of the case. A bankruptcy filing alone would not justify a dismissal.
Answered on 11/24/08, 4:31 pm
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