Lugenbuhl is at the forefront in challenging bankruptcy precedents through every stage of appeal. In difficult cases, especially those involving issues of first impression, Lugenbuhl’s bankruptcy team has experience both in defending the status quo of an important trial court ruling on appeal, and in obtaining reversal of an out-of-line bankruptcy court decision.

The process of appealing a bankruptcy court’s ruling is different from any other kind of appeal because bankruptcy courts are not Article III courts. To challenge a bankruptcy court’s ruling on appeal takes special knowledge of federal procedure, bankruptcy jurisdiction, and the specific substantive issues of the Bankruptcy Code that drive the case at hand.

The Team of Choice for Diverse Bankruptcy Appeals

Lugenbuhl’s bankruptcy section has handled numerous appeals through the district courts and courts of appeals, bringing to bear their technical knowledge and the practical ability to reach the client’s desired result on appeal. As testament to their success and reputation in bankruptcy appeals, Lugenbuhl has been selected to handle appeals for a diverse array of parties, including debtors, creditor committees, other creditor constituencies, lenders, and even as special counsel for the bankruptcy court.

The Unique Challenges of Bankruptcy Appeals

Bankruptcy appeals carry their own thorny issues, including the problem of equitable mootness, which may doom a bankruptcy appeal from the start if appropriate actions are not taken by the appellant. Having fought these battles, including requests for stay and expedited hearing to preserve appellate rights, Lugenbuhl’s attorneys have the experience necessary to win a bankruptcy appeal.

Polished Appellate Advocacy with a Special Bankruptcy Focus

By the same token, successful bankruptcy appeals require the same core skills that drive success for any appellate practitioner: persuasive writing and argument delivered at the right time and in the right format. Lugenbuhl’s bankruptcy attorneys pride themselves as polished appellate advocates, who also possess a particularized knowledge of the underlying substantive bankruptcy issues.

  • Appellate challenges to Chapter 11 plan confirmation proceedings
  • Motions for stay pending appeal and appellate motion practice, including equitable mootness
  • Appeals of interlocutory orders
  • Appeals of decisions in adversary proceedings
  • Motions for withdrawal of the reference to federal district court
  • Requests for direct appeals to Courts of Appeal

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