Chapter XXVII Appeals From The Bankruptcy Court

JurisdictionNorth Carolina
CHAPTER XXVII Appeals From the Bankruptcy Court

Richard P. Cook
Cape Fear Debt Relief
Wilmington, North Carolina

Margaret R. Westbrook
K & L Gates, LLP
Raleigh, North Carolina

A. Cotten Wright
Grier Wright Martinez, PA
Charlotte, North Carolina

CHAPTER XXVII
Appeals From the Bankruptcy Court

I. INTRODUCTION

II. METHODS OF APPEAL

A. Appeal to District Court From Bankruptcy Court

B. Appeal to Bankruptcy Appellate Panel From Bankruptcy Court

C. Appeal to Circuit Court of Appeals

III. APPEALABILITY - FINAL AND INTERLOCUTORY ORDERS

IV. SCOPE OF APPELLATE REVIEW

V. PROCEDURE AND NOTICE OF APPEAL

A. Content of Notice of Appeal

B. Time for Filing Notice of Appeal

C. Certification of Direct Appeals to the Circuit Court

D. Effect of Certain Motions on Time for Filing Notice of Appeal

E. Number of Copies and Service of Notice of Appeal

F. Record on Appeal

1. Transcripts on Appeal

2. Docketing of Appeal

G. Separate Appeal for Each Party

VI. STAY PENDING APPEAL

VII. BOND ON APPEAL

VIII. TRANSMITTING THE RECORD ON APPEAL

IX. APPELLATE BRIEFS

A. Time for Filing and Serving Brief

B. Form of Brief for Appellant

C. Length of Briefs

D. Other Briefing Provisions

X. HEARING BEFORE THE DISTRICT COURT

XI. DISMISSAL OF THE APPEAL

XII. DAMAGES AND COSTS FOR FRIVOLOUS APPEAL

Statutory References

11 U.S.C. § 1121
28 U.S.C. § 157(b)
28 U.S.C. § 157(b)(1)
28 U.S.C. § 157(b)(2)(c)
28 U.S.C. § 157(c)(1)
28 U.S.C. § 157(c)(2)
28 U.S.C. § 158(a)
28 U.S.C. § 158(b)
28 U.S.C. § 158(c)(1)
28 U.S.C. § 158(d)
28 U.S.C. § 158(d)(1)
28 U.S.C. § 158(d)(2)
28 U.S.C. §...

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