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Bankruptcy Appeals

An appeal of a bankruptcy court order or judgment involves unique procedural andjurisdictional considerations. Bankruptcy appeals are different from an ordinary federal courtappeal because of the unusually quick time frame for perfecting and briefing the appeal and thelikelihood that such an appeal may be subject to substantive1 review by two appellate courts(the district court or Bankruptcy Appellate Panel and the court of appeals). In approaching abankruptcy appeal, practitioners must consider a bankruptcy-specific jurisdictional statute, aliberalized view of finality, and a different set of rules depending on whether the appeal is tothe district court or the court of appeals. This paper sets forth a nuts-and-bolts approach forhandling a bankruptcy appeal and considers some of the more complex jurisdictional issues.
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The Business Law Section of the State Bar of Texas provides resources in the fields of corporate, securities, commercial, banking and bankruptcy law for attorneys in the State of Texas.

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