Appeals in bankruptcy cases are much different than appeals in state court cases and non-bankruptcy federal cases.
In non-bankruptcy cases most appeals are filed after the entry of final judgment. Bankruptcy cases, however, are comprised of a number of independent proceedings. These proceedings include: adversary proceedings, motions for relief from the automatic stay, motions to sell estate property, motions to obtain credit, etc.
Final orders in each of these matters may be appealed although the bankruptcy case may not be ready to be closed for many months.
The rules governing bankruptcy appeals are unique. The Notice Of Appeal must be filed within 14 days of entry of the court order. In the Southern District Of Florida the appeal is filed in the U.S. District Court. These appeals are governed by Federal Rules Of Bankruptcy Procedure, U.S. District Court Local Rules, and U.S. District Court Internal Operating Procedures.
Like non-bankruptcy appeals, the parties prepare the record on appeal, file legal briefs, and attend oral argument (if it is granted by the district court).
The Law Offices Of Todd S. Frankenthal handles appeals from the U.S. Bankruptcy Court For The Southern District Of Florida. It has offices in Fort Lauderdale, Boca Raton, and West Palm Beach.
