Appealing Bankruptcy Court Decisions
Bankruptcy court represents a specialized court within the United States District Court System. Ruling judges wield an authority to decide whether or not individuals possess eligibility for bankruptcy. This includes what debts they can discharge during the bankruptcy procedure.
Alternatively, parties do possess a way to appeal decisions made by the bankruptcy court. If either side in a bankruptcy judgment remains unhappy with the outcome, they can consider bankruptcy appeals in Coconut Grove.
In various jurisdictions, a Bankruptcy Appellate Panel will hear the appeals case. However, some cases reach the United States District Court as well. For success in bankruptcy appeals in Coconut Grove, some wrongdoing or failure on the part of the court and the judge must exist. A poor outcome for a defendant or plaintiff in a bankruptcy case does not equate to success in a bankruptcy appeal.
How to Appeal Judgments from Bankruptcy Court
For the Bankruptcy Appellate Panel to oversee bankruptcy appeals in Coconut Grove, both parties must agree to the process. Nonetheless, the specific approach regarding bankruptcy appeals will heavily depend on the jurisdiction where the legal action takes place.
Once a party filed a bankruptcy appeal, three-panel judges will review the original decision. If either party contents this action, the United States District Court will handle the appeals process. This reflects the District Court, where the plaintiff originally filed the case.
Parties may also decide to take the appeal before the U.S. District Court or Bankruptcy Appellate Panel and still feel unsatisfied with the final judgment at this level. In this scenario, they can rely on the Federal Court of Appeals for a ruling.
Essentially in law procedure only, the United States Supreme Court would serve as the next level to decide. However, the U.S. Supreme Court maintains the right to decide to hear the case or not hear the case. The U.S. Supreme Court rarely oversees any bankruptcy case.
Refiling Cases with Other Courts
Most scenarios do not allow parties to refile their claim in another court once receiving the Bankruptcy Court’s judgment. At the District Court level, the ruling remains exclusive in jurisdiction over bankruptcy matters. This hierarchy as implemented by United States legislatures maintains the intention to streamline the overall bankruptcy process, including bankruptcy appeals in Coconut Grove.
For this reason, the majority of bankruptcy cases originate at the district level. Nevertheless, some cases will begin with, as well as return to the United States District Court system. Filing bankruptcy appeals in Coconut Grove is typically the only viable option when a party feels dissatisfied with the bankruptcy court judge’s final decision.
Bankruptcy appeals often provide a procedurally convoluted area of the law. Dissimilar from non-bankruptcy litigation, a wide variety of orders and actions in bankruptcy cases remain subject to immediate appeals.
For this reason, when facing a situation that necessitates bankruptcy appeals by U.S. District Court, the Bankruptcy Appellate Panel, or U.S. Supreme Court, this is not a legal situation to take lightly.
The nature of bankruptcy and bankruptcy appeals cases require the expert, professional intervention from a qualified attorney. These firms will wield notable experience to guide clients through the process, no matter the court level where the case originates.
Bankruptcy Appeals in Coconut Grove from the Law Offices of Paul A. Humbert, P.L.
Enlisting services from a qualified lawyer that remains experienced with bankruptcy cases and bankruptcy appeals in Coconut Grove is something our attorneys highly-recommend. A legal professional can help a client decide on whether or not appeals could prove viable. This decision often extends to the likelihood of producing alternative results, as well as actions like filing petitions, etc.
It is always important to keep in mind that although a lawyer can help with a bankruptcy filing, they may not wield experience or knowledge in bankruptcy appeals. Some circumstances may necessitate additional legal representatives to guide clients through the process. Consequently, attorneys cannot aid the procedures in one direction or another. No attorney can guarantee outcomes or overturning of the original judgment.
Our team from the Law Offices of Paul A. Humbert, P.L., possesses substantial experience guiding our clients through the bankruptcy process. Our client base ranges from large corporations and medium-sized businesses to small companies and individuals. We take pride in assisting individuals and companies through bankruptcy proceedings.
To learn more about what our team can do for you in a bankruptcy situation, contact our firm today to schedule a consultation!
- “Bankruptcy Courts – How a Case Gets Started … – Debt.org.” https://www.debt.org/bankruptcy/courts/. Accessed 27 Sep. 2019.
- “United States District Court | United States court | Britannica.com.” https://www.britannica.com/topic/United-States-District-Court. Accessed 27 Sep. 2019.
- “The Debt Discharge in Bankruptcy FAQ – FindLaw.” https://bankruptcy.findlaw.com/chapter-7/the-debt-discharge-in-bankruptcy-faq.html. Accessed 27 Sep. 2019.
- “Bankruptcy Appellate Panel – Ninth Circuit Court of Appeals.” https://www.ca9.uscourts.gov/bap/. Accessed 27 Sep. 2019.
- “69. Appellate Procedures In Bankruptcy | JM | Department of ….” https://www.justice.gov/jm/civil-resource-manual-69-appellate-procedures-bankruptcy. Accessed 27 Sep. 2019.
- “Supreme Court of the United States.” https://www.supremecourt.gov/. Accessed 27 Sep. 2019.