Understanding the Appeals Process in South Florida Court
Bankruptcy affects far more people than most of us even realize. In fact, one in ten wields a chance to file for bankruptcy during their lives. Even though you may not have filed for bankruptcy yourself, the chances are that you know someone, or possibly also acted as a creditor for an individual who has.
For creditors facing bankruptcy situations regarding their debtors, it may seem like once the debtor files, all chance of reclaiming the debt are lost. Fortunately, the bankruptcy process enables appeal to orders from the bankruptcy court. Nonetheless, the South Florida court system imposes a limited time period for bankruptcy appeals in Downtown Miami.
The types of things that arise in bankruptcy court ordinarily involve a debtor receiving a discharge of specific debts. Of course, a debtor will want the discharge, and the opposing creditor attempts to block or deny this discharge. The bankruptcy court will hear this case in an adversary proceeding appealed by one of the two sides in the case.
Appealing Decisions in Bankruptcy Court
The bankruptcy court is a unique facet of the U.S. District Court. The judges in bankruptcy court possess the sole authority in deciding whether or not a debtor can successfully file for bankruptcy. This process also includes the debts that they may discharge as a part of the bankruptcy proceeding.
Unfortunately, the outcome of a bankruptcy case is rarely pleasing to both debtor and creditor. When seeking a different, or more positive decision, parties may go through bankruptcy appeals in Downtown Miami.
Nonetheless, to successfully pursue an appeal, both creditors and debtors must outline wrongdoing or failure by the original ruling court in the bankruptcy. Displeasure due to a bankruptcy court decision is not viable grounds for a successful appeal.
Both parties involved in the bankruptcy must agree to the appeal for the court to hear the case. If one party decides not to utilize a hearing before a panel, the applicable jurisdictional court that rules the district will hear the appeal instead.
Appearing in appeals court without representation is very rare, but it does occur. Regardless of the court that hears the case, an attorney that wields experience with bankruptcy appeals in Downtown Miami can guide either a debtor or creditor through the entire procedure.
This legal guidance includes the viability of pursuing an appeal, in addition to professional, legal opinions on the possible different results. Bankruptcy attorneys additional can handle filing petitions while working their client through every phase of bankruptcy appeals in Downtown Miami.
How Does Bankruptcy Court Work?
A bankruptcy court is not a singular court. Instead, this term refers to numerous specialize courtrooms throughout multiple districts within the United States. The federal government created these courts to help debtors and creditors handle debts and bankruptcy situations.
Any bankruptcy case is filed with the federal court. This is due to the laws that govern bankruptcy remaining under federal law as opposed to state law. Furthermore, federal law also requires that every bankruptcy court is filed and heard in the judicial district where the filer claims residence, conducts business, or where the principal assets of the filer reside.
The finalized bankruptcy decision is a ruling by a bankruptcy judge. They decide whether or not a debtor can discharge their debts as well. What this means is that the debtor no longer remains responsible or personally liable for the discharged debts that they associate with the bankruptcy filing.
Nevertheless, a debtor cannot discharge all of their debts. Non-dischargeable debts include child support and alimony payments, as well as personal injury debts, and tax claims. Individuals also cannot discharge debts related to the secured property. In these situations, creditors can still impose a lean on the debtor’s property related to secured debt.
Representation for Bankruptcy Appeals in Downtown Miami from the Law Offices of Paul A. Humbert, P.L.
For creditors, taking action in a bankruptcy case right away remains imperative. As time progresses, a debtor’s assets could depreciate, and even change ownership. Unfortunately for a creditor, this means a decrease in the amount they can retain even when successful in bankruptcy court or in bankruptcy appeals in Downtown Miami.
Our firm, the Law Offices of Paul A. Humbert, P.L. works to represent our clients’ best interests in any bankruptcy situation. If you need help with a debtor claiming bankruptcy or pursuing an appeal before the bankruptcy court, contact our professional and dedicated attorneys today!