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The Bankruptcy StrategistFeaturesBankruptcyLitigation

Landmines In Bankruptcy Appellate Practice

By Michael L. Cook
November 01, 2023

Pundits are raving about the current increase in business bankruptcy cases. But they rarely, if ever, mention the spike in bankruptcy appeals. A brief survey of recent decisions shows that appellate courts are, among other things, finding ways to (a) avoid making decisions or to (b) avoid litigation delay and uncertainty by expediting appellate review. Practitioners can avoid surprises by grasping what these courts are actually doing.

The recent decisions summarized below show how a simple reading of the Bankruptcy Rules and the Judicial Code will provide only limited guidance. Recent case law, summarized below, often undermines some of the accepted maxims recited in bankruptcy appellate practice. Stays pending appeal; appellate standing; timeliness; leave to appeal; direct appeals from the bankruptcy court to the Court of Appeals; appellate jurisdiction; appeals from fee awards; and appeals from arbitration are all addressed in a series of articles over the next few months.

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