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Courts and procedure
Appeal
An appeal is a request by a party that lost on one or more issues, asking a higher court to review a decision and determine whether it was correct. 1
Talk to a lawyerHow it works
A first appeal from a bankruptcy judge's decision goes to the district court for the district where that judge sits. Final judgments, orders and decrees can be appealed. Other orders made along the way generally need the court's permission first. 2
In some places the appeal can instead go to a bankruptcy appellate panel, which is a panel of three bankruptcy judges. 2
The deadline is short. A notice of appeal generally must be filed with the bankruptcy clerk within 14 days after the judgment, order or decree is entered. 3
After the district court or the panel decides, a further appeal can go to the federal court of appeals. 3
Common questions
Where is a notice of appeal filed?
With the clerk of the bankruptcy court, generally within 14 days after the order is entered. Appeals have strict procedures, so this is a point to get a lawyer's help. 3
Can any order be appealed?
Final judgments, orders and decrees can be appealed to the district court. Other orders generally need the court's permission. 2
Sources
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