NOTICE OF APPEAL FILED AFTER APPELLANTS' BANKRUPTCY FILING - APPELLATE JURISDICTION: ALT V. ALT
Alt v. Alt, [Ms. 2160363, Nov. 17, 2017] __ So. 3d __ (Ala. Civ. App. 2017). This decision by Presiding Judge Thompson (Pittman, Moore, and Donaldson, JJ., concur and Thomas, J., concurs specially) dismisses the husband’s appeal from the Dale Circuit Court’s judgment modifying certain provisions of a divorce decree.
After the judgment was entered but before filing his notice of appeal, the husband filed for bankruptcy protection under Chapter 7. Ms. *3. The court held that “because it was filed after the husband filed for bankruptcy protection, [the notice of appeal] was not effective.” Ms. *5. After the husband filed his February 24, 2017 notice of appeal, the bankruptcy stay was lifted on April 4, 2017. Ms. *6-7.
After the stay was lifted, the husband took no action to file a second notice of appeal or otherwise seek to perfect an appeal of the circuit court’s judgment. The husband argued that the court should annul the bankruptcy stay so as to give effect to the February 24, 2017, notice of appeal filed while the bankruptcy stay was in place. The court rejected this argument, noting that it “should have been made in the bankruptcy court when the issue whether the stay should remain in place was first raised.” Ms. *8.