Can I Appeal A Bankruptcy?
Can you appeal a bankruptcy?
You can appeal an order from bankruptcy court just like you can appeal an order from a civil court. There are certainly some important differences. The main difference is the very short time period for appeal.
What can I appeal in a bankruptcy?
The kinds of things that are appealed from a bankruptcy court will typically involve whether or not someone was granted a discharge and as you can imagine, the debtor is going to want to discharge and the creditor is going to want a denial of discharge. This will appear in an adversary proceeding and will typically be appealed by one of the sides.
Will my case be heard in a regular appeals court?
Your notice of appeal will be filed with the bankruptcy court. However, there is a determination that needs to be made as to whether you want your appeal to be heard by the District Court or by the Bankruptcy Appellate Panel (the BAP). A substantial difference between a civil appeal and a bankruptcy appeal is that there is an intermediate level of appeal which is before the Ninth Circuit. One of the determinations we make when we're considering a bankruptcy appeal is whether we want a District Court judge who may not have as much experience in bankruptcy to hear your appeal or whether we want to go to the BAP where all of the judges are bankruptcy judges that have lot s of bankruptcy experience .
Can I keep my bankruptcy lawyer during the appeal?
We make every effort to consult with your bankruptcy lawyer. We love to have the trial lawyer or the bankruptcy lawyer read the briefs, give us their input before the briefs are filed. If we are representing the appellant and our goal is to have the matter reversed and remanded to the bankruptcy court, you're bankruptcy lawyer then will take the case over once back in bankruptcy court.
About the author: Kathi M. Sandweiss is an attorney at the Phoenix law firm of Jaburg Wilk. She is the head of the appellate law department and has represented many clients at the Arizona appellate courts.
This article is not intended to provide legal advice and only relates to Arizona law. It does not consider the scope of laws in states other than Arizona. Always consult an attorney for legal advice for your particular situation.