Wiley Rein's Appellate Practice is one of the country's most robust and experienced. While appeals from the decisions of bankruptcy judges are typically taken to the U.S. District Court for the same judicial district, in certain cases, appeals may be made directly to the U.S. Court of Appeals for the Circuit. Unfavorable rulings of the district court are appealed to the U.S. Court of Appeals for the Circuit. The Supreme Court of the United States is the court of last resort for bankruptcy appeals as it is for all other appeals.
Wiley Rein's Appellate lawyers regularly appear in circuit courts of appeal across the country as well as the Supreme Court. Wiley Rein's Bankruptcy & Financial Restructuring professionals work closely with the firm's Appellate Practice to provide clients with top-quality briefs and oral argument. We often become involved in bankruptcy appeals when clients want a "second opinion" after an unfavorable opinion from the bankruptcy court.
Case study examples of our success:
- Potomac Electric Power Co. v. The Rowe Companies, et al., 2007 WL 656897, represented appellee in obtaining dismissal of appeals under doctrine of equitable mootness. The appellee had sought to appeal an order of the bankruptcy court authorizing procedures for providing adequate protection to utilities. This order became moot once the Debtors' business was sold.
- In re Dornier Aviation (North America), Inc., 320 B.R. 831, represented appellant in obtaining reversal of bankruptcy court decision dismissing avoidance claims. The case involved a technical argument regarding the interplay between the bankruptcy claims process and the filing of preference lawsuits, which has divided many courts.
- In re Dornier Aviation (North America), Inc., 305 B.R. 650, represented the appellee with respect to a decision by the bankruptcy court reducing the amount of severance claims. The district court affirmed after agreeing with the appellee's construction of the relevant Bankruptcy Code section in a case that became precedent in the Eastern District of Virginia.
For more information on bankruptcy appeals, see the following:
- Failure to Obtain Stay Renders Bankruptcy Appeal Moot
- Bankruptcy Appeals Court Dismisses Insurer's Appeal
ISSUE: DECEMBER 5, 2013