Lester and Associates: Appeals

The attorneys at Lester & Associates in Garden City, New York have vast experience in all phases of the bankruptcy process, from initial consultations to appeals.

Appealing a Bankruptcy Court Order

Appeals of bankruptcy orders are governed by 28 U.S.C. § 158(c)(2) and Federal Rule of Bankruptcy Procedure (Bankruptcy Rule) 8002(a). These rules require that any party seeking to appeal a bankruptcy court decision has 10 days to do so. This is 20 days shorter than the 30 days allowed for appeals in other federal courts, although a judge may allow an extra 20 days to file if you can show “excusable neglect.” Any appeal that is not filed within 30 days is automatically waived. Therefore, in light of these short time frames imposed by the Courts, it is imperative to act quickly in filing your appeal and protecting your rights.

Beware of Waiver

In addition to the possibility of waiving your right to appeal, you must also be careful not to waive specific issues. Under Bankruptcy Rule 8006, you must file and serve a designation of items to be included in the record on appeal and a statement of issues to be presented within 10 days of filing a notice of appeal. Any issues that are not raised in the statement will be automatically waived.

Courts may dismiss an appeal under Bankruptcy Rule 8001(a) if the party neglects to take any necessary procedural steps, such as filing the designation of items, the statement of issues, or a brief.

Appeals Delayed by a Post-Judgment Motion

If a post-judgment motion is filed timely, the time for appeal is tolled, or paused. Post-judgment motions include a Motion for Reconsideration, Motion to Amend Findings of Fact, Motion for a New Trial, or Motion for Relief Pursuant to Rule 9024. The filing of any of these resets the time limitation on filing an appeal. The 10 days to file the notice of appeal begins to run again after an order disposes of the post-judgment motion.

Timing of Briefs in the Appeal Process

As mentioned, a designation of items to be included on the record and a statement of issues to be presented must be filed and served within 10 days of the filing of the Notice of Appeal. After that, your brief must be filed within 15 days from the date the appeal is docketed. The appellee’s response brief is due 15 days after the opening brief, and then you are given 10 days to file a reply.

Call Lester & Associates Today

Our Long Island bankruptcy lawyers are well-versed in all aspects of bankruptcy appeals and have many success stories to share. If you have questions, contact us today at (516) 357-9191 or fill out a contact form for a complimentary consultation.

 

Sources:

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title28/html/USCODE-2011-title28-partI-chap6-sec158.htm

http://www.justice.gov/usam/civil-resource-manual-69-appellate-procedures-bankruptcy

Lester & Associates, P.C.

600 Old Country Road, Suite 229,

Garden City, NY 11530

PHONE: (516) 357-9191

FAX: (516) 357-9281

EMAIL: rlester@rlesterlaw.com