Appealing a Bankruptcy Decision

Bankruptcy Attorney in Savannah

Bankruptcy courts all across the United States follow the same set of laws that are codified in US Bankruptcy Code. But surprisingly, process for appealing a decision of a bankruptcy court is not same in individual bankruptcy court jurisdiction. The bankruptcy court system has 90 separate districts. States with low population have one district while states with high population have multiple districts. Each district has a separate appeal process that it authoritatively establishes.

Process of Appeal

Once a bankruptcy proceeding is finalized, the final order is passed and copies of these are retained in court and also given to debtor. For appealing a bankruptcy court decision the final order is very important. This order has the decision of bankruptcy judge and it is this decision that is going to be appealed. Mostly, decision of dismissal of case is the one that go in for appeal. A certified copy of final order has to be obtained from court bankruptcy clerk. This certified copy would be signed and stamped by the clerk proclaiming it as true and correct copy of original court order.

With the help of an experienced bankruptcy attorney determine local rules of appeal applicable in bankruptcy court in your jurisdiction. Apart from this, court in which appeal has to be filed should also be found out. In some jurisdictions, appeal has to be filed in US District Court while in others there is an established Bankruptcy Appeals Panel. Some jurisdictions allow debtor to choose between the two options and file wherever he feels convenient.

The next requirement is for a notice of appeal which can be obtained from court clerk. This notice of appeal can be drafted by debtor himself under guidance from his bankruptcy attorney. There is no hard and fast rule of having to accept the one provided by court clerk. A notice of appeal is a document that should contain declaration by debtor of his intention to appeal the final order issued by bankruptcy court. The details of the order as to date of ruling, court and jurisdiction must be specified accurately. The notice of appeal should be duly signed by debtor. A copy of this notice of appeal should be submitted to bankruptcy court trustee and all the concerned creditors. The notice of appeal should be filed with bankruptcy court clerk.

Tips and Warnings

The appeal process is different in different jurisdiction and hence an attorney is mandatory to aid in understanding laws of particular jurisdictions. The notice of appeal has to be filed within 10 days of the ruling of final order. The notice has to be file with court clerk and not with panel or court. The notice of appeal notifies the bankruptcy court, bankruptcy trustee and creditors about the appeal.

Call a skilled Savannah GA bankruptcy lawyer if you are considering bankruptcy.