Bankruptcy Appeals

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.