Gain a tactical advantage in bankruptcy appeals by mastering essential procedural rules, navigating complex standards of review, and developing effective advocacy strategies.
Bankruptcy appellate practice operates under a distinct procedural and strategic framework that extends well beyond standard civil litigation. It involves strict timing rules, jurisdictional constraints, and specialized standards of review that can determine whether an appeal is viable before it is ever argued. Understanding how post-judgment motions, stays pending appeal, and appellate jurisdiction interact is critical to protecting client outcomes in this high-stakes environment.
This session provides a practical walkthrough of the bankruptcy appeal lifecycle, from Rule 59 and Rule 60 motions through to the mechanics of initiating an appeal and arguing standards of review. Participants will examine the strategic use of stays to prevent mootness, key Supreme Court precedents shaping bankruptcy court authority, and the procedural steps required to preserve and advance appellate rights effectively.
Key Topics Discussed:
Procedural mechanics and strategic considerations of the bankruptcy appeal lifecycle
Filing Rule 59 (BR 9023) and Rule 60 (BR 9024) motions for rehearing or reconsideration
Applying the traditional four-part injunction test to secure a stay pending appeal
Navigating and preventing equitable mootness
Analyzing core jurisdictional boundaries and bankruptcy court powers
Jury trial rights and landmark Supreme Court precedents in bankruptcy law
Technical steps for initiating an appeal (filing the notice and designating the record)
Standards of appellate review applied to legal errors versus factual findings
Partner | Procopio, Cory, Hargreaves & Savitch LLP
Bill focuses on business bankruptcy, restructuring and corporate governance disputes. He advises banks, credit unions and other financial institutions on a variety of bankruptcy related matters, including plan confirmation objections, asset disposition and use motions, stay relief litigation, lease disputes and the prosecution and defense of discharge objections and nondischargeability complaints. Bill litigates all aspects of bankruptcy matters from both the creditor’s and debtor’s perspective. He is an experienced federal and state court litigator with extensive experience in defending and prosecuting writs, due process violation claims and political challenges based upon both statutory and constitutional rights claims for relief.
