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The Bankruptcy StrategistFeaturesBankruptcyCivil AppealsCivil ProcedureLitigation

Update on Bankruptcy Appellate Practice Part Four: Interlocutory Appeals — Deadlines

By Michael L. Cook
March 01, 2022

This installment of our appellate series reviews recent cases addressing the district courts' review of interlocutory bankruptcy court orders and the enforceability of appellate deadlines. As we have shown with other case law governing appeals, real obstacles confront practitioners appealing from bankruptcy court rulings.

The statute governing interlocutory appeals to the district court, 28 U.S.C. §158(a)(3), is simple: an appellant must obtain "leave of the court ….". But this statute and the Bankruptcy Rules provide no standards for granting that "leave." Recent case law, as shown below, is inconsistent at best. Whether leave to appeal is granted may often turn on the district judge's willingness to deal with the merits of an appeal. One thing is certain, though: if the district court wants to avoid a substantive decision, it can find ample precedent for doing so.

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