Hawaii Notice of Appeal under 28 U.S.C. Sec.158(a) or (b) from a Judgment, Order, or Decree of a Bankruptcy Judge - Form 17 - Pre and Post 2005 Act

• Category: Bankruptcy - Appeals
• State: Multi-State
• Control #: US-BKR-F17
• Format: PDF

Description

This form is a notice of appeal under 28 U.S.C. section 158(a) or (b) from a judgment, order, or decree of a bankruptcy judge. The plaintiff or the defendant may use this form to appeal the adverse ruling. This form is data enabled to comply with CM/ECF electronic filing standards. This form is for post 2005 act cases.

Hawaii Notice of Appeal under 28 U.S.C. Sec.158(a) or (b) from a Judgment, Order, or Decree of a Bankruptcy Judge — Form 1— - Pre In Hawaii, if you are dissatisfied with a judgment, order, or decree issued by a Bankruptcy Judge, you have the right to file a Notice of Appeal under 28 U.S.C. Sec.158(a) or (b) to request a review of the decision. The Hawaii Notice of Appeal — Form 1— - Pre is a crucial document that initiates the appellate process and must be completed accurately and timely. Types of Hawaii Notice of Appeal: 1. Notice of Appeal under 28 U.S.C. Sec.158(a): This type of Notice of Appeal is filed when the appellant seeks a review of a final judgment, order, or decree issued by a Bankruptcy Judge. It is essential to file this notice within the specified time limit to preserve your right to appeal. Failure to file within the designated timeframe may result in the waiver of your appeal rights. 2. Notice of Appeal under 28 U.S.C. Sec.158(b): This type of Notice of Appeal is used when the appellant seeks a review of an interlocutory order or decree issued by a Bankruptcy Judge. Unlike a final judgment, an interlocutory order is a provisional ruling that does not conclude the case. It is crucial to determine whether the order is appealable under this section before filing the notice. The Hawaii Notice of Appeal — Form 1— - Pre requires specific information to be completed accurately: 1. Appellant Information: Provide the full name, contact details, and attorney information (if applicable) for the party initiating the appeal. This person is referred to as the appellant. 2. Bankruptcy Court Details: Include the bankruptcy court name, case number, the judge's name who entered the judgment, order, or decree being appealed, and the date of the decision. 3. Adversary Proceeding Details: If the appeal arises from an adversary proceeding, provide the adversary proceeding number and the judge's name. 4. Designation of Contents: Indicate whether all or a specific portion of the bankruptcy court record will be included with the appeal. 5. Statement of Issues: Concisely state the factual and legal issues to be addressed in the appeal. Clearly identifying the errors made by the Bankruptcy Judge will strengthen your case. 6. Relief Sought: Describe the specific relief or remedy requested from the appellate court, such as reversal of the decision, modification, or remand for further proceedings. 7. Signature and Verification: The notice must be signed by the appellant or their attorney, certifying the accuracy of the provided information and acknowledging the consequences of making false statements. Remember, the Hawaii Notice of Appeal is a crucial document with strict deadlines. It is advisable to consult with an experienced bankruptcy attorney to ensure compliance with the procedural requirements. Filing a well-prepared Notice of Appeal can be a significant step towards obtaining a favorable outcome in your bankruptcy case.