Bankruptcy Appeals:
Navigating Complex Terrain

Bankruptcy appeals play a pivotal role in the legal landscape, providing individuals and businesses with the opportunity to challenge decisions made in bankruptcy court. Selecting the right bankruptcy appeals attorney is essential in maximizing the chances of success during this intricate process. At the Alderman Law Firm, our experienced attorneys can take on bankruptcy appeals, offering the expertise needed to navigate this complex terrain in bankruptcy appeals to the 4th, 6th, 7th and 10th circuit courts of appeals.

Understanding Bankruptcy Appeals:

In a bankruptcy appeal, a party seeks to challenge a decision made by a bankruptcy court. These decisions may involve matters such as the discharge of debts, approval of repayment plans, or the classification of creditors. Appellate arguments often delve into complex legal interpretations, and identifying grounds for appeal requires a thorough review of the bankruptcy court record.

It’s crucial to note that a bankruptcy appeal is not an opportunity to re-litigate the entire bankruptcy case. Appellate judges focus on reviewing legal errors or procedural mistakes made during the bankruptcy process, rather than re-evaluating the entire case based on the same evidence.

Initiating the Bankruptcy Appeals Process:

The first and fundamental step in the bankruptcy appeals process is filing a timely notice of appeal. The deadline for filing is typically calculated from the date of the bankruptcy court’s final order. The Alderman Law Firm recommends filing the notice of appeal promptly and paying the necessary fees. While the bankruptcy court system provides forms online, having legal counsel execute the notice ensures proper filing due to nuances.

After filing the notice of appeal, the next steps involve compiling and transferring the bankruptcy court record, defining the documents and transcripts to be sent to the appellate court. The appellate court issues a briefing schedule, outlining deadlines for filing the opening brief, response, and reply.

Oral Arguments and Decision:

Parties involved in a bankruptcy appeal may request the appellate court to hear oral arguments. While it’s not mandatory, oral arguments provide an opportunity to present the case in person. The court typically renders its decision based on the briefs submitted, but if oral arguments are requested and granted, they will be scheduled, leading to a final decision.

Denial of Bankruptcy Appeal: What’s Next?

If the bankruptcy appeal is denied, there may be an option to seek further review. Depending on the circumstances, parties can explore the possibility of filing a petition for certiorari with a higher appellate court. This step involves presenting compelling reasons why the higher court should allow the appeal to proceed.

How Alderman Law Firm Can Assist You:

Bankruptcy appeals pose unique challenges, and the Alderman Law Firm is equipped to provide professional assistance at every stage. With a focus on reviewing case materials for errors and expertly drafting appellate briefs, our attorneys offer the depth of experience necessary for success in bankruptcy appeals.

Approximately 9 out of 10 bankruptcy appeals end with an affirmance of the bankruptcy court’s decision. It’s crucial to have your briefs written by experienced professionals who understand the intricacies of bankruptcy law.

Have More Questions?

The provided information offers a general overview of the bankruptcy appeals process and is provided as a courtesy, not legal advice. If you are considering a bankruptcy appeal, contact the Alderman Law Firm for a free consultation at (720) 588-3529. Our bankruptcy appeals attorneys are ready to assist you in navigating this challenging legal terrain.