Bankruptcy Appeals allows appellate review to a debtor believing that that the Bankruptcy Judge was unfair and/or erred in deciding their case. Appellate Review of a bankruptcy court decision is by the Federal District court. The advantage of filing an appeal in a bankruptcy case is that bankruptcy decisions often involve unsettled law and unclear facts that allow for different opinions and conclusions as to the correct outcome of case. Many statutes have been interpreted differently by different bankruptcy judges, with the result being an opportunity to appeal, which could reverse a decision and/or give a debtor time/leverage in their matter. Because in a contest with a Chapter 7 or 13 or US Trustee, the debtor may be much more motivated to reverse a ruling than the Trustee is in supporting the ruling, the debtor often may have an advantage in appealing in that it is usually the main party affected by a decision. A bankruptcy appeal requires a notice of appeal to initiate and shortly thereafter a record on appeal. The memorandum on appeal is the debtor’s legal argument as to why the the decision of the bankruptcy court was in error. If the debtor prevails on appeal the Federal District may remand the case back to the bankruptcy judge to proceed based on the reversal of his/her initial decision.
Our law office takes on complex bankruptcy matters including appeals, adversary proceedings and contested motions where we have had success in representing clients with challenging situations.
Our consultations are free, but our legal advice may be invaluable.
Please call us at (631) 271-3737, or e-mail us at [email protected] for a free consultation at our Melville, Long Island law office to discuss legal options, including Bankruptcy Appeals, in greater detail.