Appealing Propositions: Everything You Need to Know About Bankruptcy Appeals
This plenary session is conducted by appellate judges, appellate clerks and appellate practitioners. It starts by exploring the types of bankruptcy court orders that can be appealed, those that cannot, and — no matter which category your order falls into — how to obtain appellate court review, and win, once you do. The panel discusses the final-order rule and a review of interlocutory orders, including the effect of the Supreme Court’s decision in Bullard. It then addresses mechanics, such as ways to obtain leave to appeal, who can appeal from bankruptcy court orders, appellate standing and where appeals go, followed by appellate options, including the differences between the district court and the BAP, and procedures for direct appeals to the circuit. Lastly, the panel turns to strategic considerations, including whether and how to obtain a stay pending appeal, standards of review and procedures, and — most importantly — how to win your appeal. The appellate judges and practitioners will offer their views on best practices for brief-writing and conducting persuasive oral arguments in both intermediate appellate courts and the courts of appeals for appellants, appellees and amicus curiae, as well as common errors to avoid in oral argument. The panel also discusses procedures for petitions for certiorari to the Supreme Court and what to expect if you ever get there.