Jennifer Brooks (Bjurling) v. William Brooks ( 2014 )


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  •                                            ENTRY ORDER
    SUPREME COURT DOCKET NO. 2014-076
    APRIL TERM, 2014
    Jennifer Brooks (Bjurling)                            }    APPEALED FROM:
    }
    }
    v.                                                 }    Superior Court, Windsor Unit,
    }    Family Division
    William Brooks                                        }
    }    DOCKET NO. 173-4-09 Wrdm
    In the above-entitled cause, the Clerk will enter:
    This appeal involves a final divorce order between the parties. This Court reinstated the original final
    divorce order and remanded to the trial court for additional calculations in November 2013. Brooks v. Brooks,
    Nos. 2011-334, 2012-404 & 2013-159 (Vt. Nov. 20, 2013). The trial court then issued the remanded order on
    February 5, 2014. Appellant filed a notice of appeal with this Court on March 10. However, in between,
    appellant filed for bankruptcy on February 27, 2014 and then filed a motion to stay his appeal pending the
    bankruptcy proceeding. Appellee moves to dismiss the appeal as void ab initio, arguing that appellant was
    prohibited from filing an appeal by the automatic stay of proceedings involving a division of property under
    federal bankruptcy law.
    Appellee’s motion to dismiss this appeal as void ab initio is denied. However, insofar as appellant filed
    his notice of appeal after filing for bankruptcy, the notice was not effective because the automatic bankruptcy stay
    was in place under 11 U.S.C.A § 362(a), (b)(2)(A)(iv). See, e.g., Eastern Equip. & Servs. Corp. v. Factory Point
    Nat’l Bank, 
    236 F.3d 117
    , 121 (2d Cir. 2001). Because the notice was not effective at the time it was filed, the
    appeal is premature and is dismissed without prejudice to refiling if the bankruptcy court lifts the automatic stay
    or once proceedings in bankruptcy are completed. Appellant is required to refile his appeal with this Court within
    thirty days of either event.
    BY THE COURT:
    Paul L. Reiber, Chief Justice
    John A. Dooley, Associate Justice
    Marilyn S. Skoglund, Associate Justice
    Beth Robinson, Associate Justice
    Geoffrey W. Crawford, Associate Justice
    

Document Info

Docket Number: 2014-076

Filed Date: 4/10/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021