Bankruptcy Appeals

Bankruptcy appellate attorneys can help appeal an unfavorable ruling

Unfavorable decisions by a bankruptcy judge can have long-term detrimental effects on a company’s ability to effectively reorganize. Appeals from bankruptcy court are controlled by Part VIII of the Federal Rules of Bankruptcy Procedure and are either filed in the federal district court in which the bankruptcy judge sits or in some circumstances, an appeal can be certified by the court of appeals to be heard directly by the circuit court. An experienced appellate attorney can evaluate whether it be prudent to file the appeal to the district court or if it would potentially save valuable resources to skip the district court and request certification to appeal directly to the circuit court.

An experienced appellate attorney can help navigate the complicated bankruptcy appellate process

Deadlines in a bankruptcy appeal differ greatly from other appeals, and an attorney familiar with the rules can prevent you from missing an important deadline and increases your chance of success. The time limits in a bankruptcy appeal are shorter than in general federal appellate practice. The notice of appeal must be filed within 14 days of the date of the entry of the bankruptcy court’s docket of the order or judgment from which the appeal is taken.

Furthermore, unlike civil appeals, in bankruptcy appeals, the case must not reach a final conclusion in order to appeal an order. Courts have instead suggested that in order to appeal, a bankruptcy order need only conclusively determine substantive rights and issues in a discrete unit in the larger case. As such, contested matters and adversary proceedings are looked at by courts as “stand-alone” units in determining whether the order appealed from disposes of all claims of all the parties.

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