Overturning Adverse Bankruptcy Decisions: Bankruptcy Appellate Rules, Flexible Finality, Mootness and Jurisdiction

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Wednesday, June 2, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will guide counsel through the unique challenges and procedural complexities of bankruptcy appeals, including the specialized issues of finality, mootness, and jurisdiction. The program will help lawyers avoid several minefields crowded with terminal explosive devices that can change entities and people in considerable ways.

Description

There are more bankruptcy-related appeals than appeals of any other type of federal civil action. They have a disproportionate effect on the parties' economic rights and finances. Knowledge of the bankruptcy appellate process is an essential tool for bankruptcy practitioners.

Bankruptcy appeals are unlike regular civil appeals in fundamental ways. Many intermediate decisions are reviewable long before the end of the bankruptcy case under the doctrine of "flexible finality."

Appeals can go stale in bankruptcy much sooner than in an ordinary case and involve statutory construction, equitable considerations, rule compliance, and fact development.

Listen as the experienced panel leads counsel through the complexities and pitfalls of bankruptcy appeals.

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Outline

  1. Applicable rules
  2. Standards of review
  3. Flexible finality
  4. Mootness and equitable mootness
  5. Standing
  6. Forum choices
  7. Structuring and presenting the argument clearly and concisely

Benefits

The panel will review these and other key issues:

  • Who has standing to appeal?
  • What is flexible finality?
  • When can the parties appeal directly to the court of appeals?
  • What is the relationship between stays pending appeal and mootness?

Faculty

Miller, Evan
Evan T. Miller

Director
Bayard

Mr. Miller concentrates his practice in the areas of corporate bankruptcy and restructuring, representing debtors (both...  |  Read More

Smelko, William
William Smelko

Partner
Procopio Cory Hargreaves & Savitch

Mr. Smelko brings more than thirty-five years of experience to his representation of clients in litigation, with an...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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