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 to the panel in written opening and reply briefs. There, the appellant attempts to persuade the judges 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:
With our considerable experience in bankruptcy cases, the Law Offices of Kevin S. Neiman, pc, located in Denver, 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 nearly 20 years of practice.
"Kevin was excellent to work with. He efficiently and creatively navigated a complex situation and at the end of the day produced a very positive result for my company. This result would not have happened without Kevin's leadership. I would highly recommend Kevin."
Google ReviewSee All Client Testimonials