Six Steps to Consider if you are Filing a Bankruptcy Appeal


Should you consider appealing a bankruptcy court ruling or finding? Judicial decisions are appealed because judges sometimes make mistakes. That does not mean that in any given case the judge is wrong, it just means that because judges are not infallible, the appellate courts exist as a safety valve, available to set the record straight. To the extent a decision rests upon a factual determination, or a matter involving the exercise of the bankruptcy or trial judge’s discretion, the opportunity for a successful appeal is remote, as the standard of review will require a showing – typically clearly erroneous or abuse of discretion – going well beyond what would be deemed wrong in the abstract. In other words, there is no automatic “do-over” in the judicial system. Conversely, purely legal decisions (including the granting of summary judgment) are typically reviewed under a “de novo” standard, meaning that the reviewing court considers the issue from a clean slate, without giving deference to the ruling of the bankruptcy or trial court.

What to appeal, timings of appeal and recent court rulings are discussed in this article.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jaburg Wilk | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.