Florida Court Finds Debtor Appeals Stayed By Ch. 11

Law360 (January 13, 2021, 9:07 PM EST) -- A Florida state appeals court Wednesday issued an en banc decision overturning its prior precedent and finding debtors' appeals are stayed by their bankruptcy filings, calling its prior decision an "outlier" on both the state and federal level.

The en banc panel of the Florida Third District Court of Appeal receded a 1982 ruling that debtor appeals are not stayed by a bankruptcy filing, finding the old ruling conflicted with the "clear and unambiguous text" of the Bankruptcy Code and every other Florida and federal court that has considered the issue.

"We leave bankruptcy policy to the United States Congress, and...

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