If your bankruptcy case was denied or dismissed, you may feel like you’ve run out of options. After taking the step to file, receiving an unfavorable decision can be frustrating and even overwhelming. However, in some cases, it may be possible to challenge that outcome through an appeal.
Appealing a bankruptcy court’s ruling isn’t automatic or guaranteed to succeed. But if you believe the judge made a legal or procedural error, you may be able to take your case to a higher court. Understanding the timeline and requirements for appeal is critical, especially because bankruptcy appeals move much faster than typical civil cases.
What are the conditions for a bankruptcy appeal?
To appeal a bankruptcy judge’s decision, you must first act quickly. A notice of appeal must be filed within 10 days of the court’s final order being entered on the docket. This deadline applies to both regular orders and dismissals, and it includes weekends and holidays. If you need more time, a motion for an extension must also be filed within that 10-day window. In rare cases, late filing may be excused due to “excusable neglect.”
Bankruptcy appeals generally go to either the U.S. District Court or a Bankruptcy Appellate Panel (BAP), depending on the jurisdiction. Either court will review the original bankruptcy judge’s decision for legal errors. You don’t get to present new evidence; the appeal focuses on what already happened in your case.
To proceed, you must submit:
- A statement of the issues being appealed
- A designation of the bankruptcy court record
- A written brief explaining the legal grounds for the appeal
Some cases may qualify for a direct appeal to the Court of Appeals, skipping the intermediate review process. This only applies under limited circumstances, such as when the case involves important legal questions or conflicts with existing precedent.
If your bankruptcy was denied, seeking legal guidance can be helpful for reviewing your options and protecting your right to appeal within strict deadlines.