![]() §158(a), and bankruptcy courts commonly “resolve discrete controversies definitively while the umbrella bankruptcy case remains pending,” Ritzen, 140 S. Congress provided for appeals of decisions in bankruptcy cases “and proceedings,” 28 U.S.C. Remember that “Final” Decisions in Bankruptcy May Come Earlier. Be sure also to consult the local rules of the district to which you are appealing, which can supersede the federal bankruptcy rules.įinally, because bankruptcy appeals are relatively rare in most districts, don’t assume that the district court is familiar with the relevant procedures be ready to guide the court, especially if you think a rule has been misread or misapplied. And the default briefing schedule is only 30 days for appellant’s opening brief, 30 days for appellee’s response brief, and 14 days for the reply. Similarly, the time to notice an appeal can be extended, but not for certain judgments, including orders granting relief from bankruptcy’s automatic stay, approving non-ordinary-course sales of property, or confirming reorganization plans. For example, a notice of appeal generally must be filed within 14 days of a bankruptcy court judgment, not 30 days. In addition to describing the procedural steps for perfecting an appeal, they identify some of the critical differences between bankruptcy court appeals and district court appeals, often reflecting the accelerated nature of the former. These rules govern bankruptcy appeals and are a must-read when handling your first appeal from a bankruptcy court. Instead, one must look to the Federal Rules of Bankruptcy Procedure-specifically, Rules 8001 through 8028. The Federal Rules of Appellate Procedure say nothing about appeals from bankruptcy court judgments neither, for the most part, do the Federal Rules of Civil Procedure. Although not an exhaustive list, these examples reflect the need for appellate practitioners to exercise diligence, proceed with caution, and never assume anything when treading into the fascinating but relatively foreign world of bankruptcy appeals.Ĭonsult the Federal Rules-of Bankruptcy Procedure. This article addresses several unusual aspects of bankruptcy appeals of which unseasoned practitioners should be aware. 582, 586 (2020), bankruptcy appeals can be an odd duck, too, with a number of quirks that can surprise, if not trip up, an appellate practitioner with little to no prior experience in the field. But just as bankruptcy litigation has a “distinctive character,” Ritzen Group, Inc. Appellate practitioners might think that appeals from a bankruptcy court are little different from any other appeal. The commencement of numerous bankruptcy proceedings in the past several months, moreover, means a corresponding wave of bankruptcy appeals in the near future. It’s safe to say that there is no busier practice right now than bankruptcy. Hicks, Jr., and Matthew Fagen discuss several unusual aspects of bankruptcy appeals of which unseasoned practitioners should be aware. In this column for New York Law Journal, Kirkland partners George W.
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