Bankruptcy Appeals

Why Choose the Law Offices of Kevin S. Neiman, pc

With considerable experience in bankruptcy cases, the Law Offices of Kevin S. Neiman, pc represents clients in either prosecuting or defending appeals of bankruptcy-related judgments before the appropriate appellate venue. Practicing law with the highest degree of integrity, courtesy, competence, and honesty, Kevin Neiman has represented numerous parties in bankruptcy appeals during his many years of practice. Examples of two favorable appellate rulings are In re Moosman (representing appellee in district court appeal) and In re Sun (representing appellant in bankruptcy appellate panel appeal).

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When a party loses in a decision by a trial court in the federal courts, normally the losing party is entitled to appeal the decision to a federal court of appeals. In the Tenth Circuit (the federal district that includes Colorado), appeals of rulings by a bankruptcy court may initially be taken to the district court or a bankruptcy appellate panel, consisting of three bankruptcy judges. If either party desires to have the matter heard before the district court, though, that is where the appeal will usually lie. Regardless of the initial appellate court, the losing party of the appeal may then seek relief from the court of appeals (and then perhaps the U.S. Supreme Court).

During the appeal, the appellant presents legal arguments in written opening and reply briefs. There, the appellant attempts to persuade the appellate court that the trial court made a reversible error. The party defending against the appeal, known as the appellee, briefs why the trial court’s decision was correct or any errors were immaterial. In addition, the appellee may cross-appeal, raising that party’s own issues on appeal. The appellate court may rule on the papers or request oral argument.

Bankruptcy appeals are unique among other types of appeals because, for example:

  • given the nature of bankruptcy, which often spawns many small disputes within the larger bankruptcy case, most bankruptcy orders are “interlocutory,” meaning there are other proceedings that must be concluded before the appeal becomes ripe absent an order allowing for an interlocutory appeal
  • orders may be appealed to different courts
  • there are separate procedural rules

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