When it comes to appellate practice in bankruptcy, several unique strategies must be addressed in order to ensure the appeal will not be dismissed for mootness, lack of standing, or lack of jurisdiction. In his Bloomberg BNA article, “The Appeals Begin When the Petition is Filed,” Senior Counsel Dave Richardson discusses appellate practice in bankruptcy by addressing these reasons in depth.
Richardson explains the possibilities on how a bankruptcy case can morph into a dozen or more appeals and closely examines several cases to emphasize just how strategic bankruptcy appeals are proving to be. “Whether designed to create leverage by delay, or to tip the balance for future settlement discussions,” he wrote that a strategic approach and step-by-step process is imperative “or the result could be a time-consuming and expensive appeal that only results in an opinion dismissing the appeal without consideration of the underlying issues.”
He concludes that “creation of a complete record, argument in the motion of all issues that might be raised on appeal, establishment of standing independent of third parties’ briefs and preparation for a rush to obtain a stay pending appeal, should all be considered and addressed when any initial motion is prepared and filed in a bankruptcy case.”
Read the full article here.