New York 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.

The New York 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 serves as a crucial document for individuals or entities seeking to challenge a decision made by a bankruptcy judge in the state of New York. This detailed description will shed light on the purpose, process, and different types of New York Notices 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, providing valuable insights for those navigating the appeals process. The primary purpose of the New York 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 is to initiate an appeal to challenge a decision made by a bankruptcy judge in a case. This appeal can be lodged either under section 158(a) or section 158(b) of Title 28 of the United States Code (28 U.S.C.). The Notice of Appeal is a critical step to seek review of a bankruptcy judge's ruling and request a higher court to overturn or modify the decision. The appeals process begins with the filing of the Notice of Appeal in the appropriate bankruptcy court. The form, designated as Form 17 PREre, must be completed accurately and comprehensively to provide essential information about the case, the decision being appealed, and the grounds for the appeal. The Notice of Appeal must be filed within the prescribed time limit, which is typically 14 or 30 days from the entry of the judgment, order, or decree being appealed. It is important to note that there are two different types of New York Notices 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, depending on the section of 28 U.S.C. being invoked: 1. Notice of Appeal under 28 U.S.C. Sec.158(a): This type of appeal is filed when the appellant seeks review of a final judgment, order, or decree issued by a bankruptcy judge. To proceed with a Sec.158(a) appeal, the appellant must demonstrate that the bankruptcy judge's decision is subject to review and was issued as a final determination in the case. 2. Notice of Appeal under 28 U.S.C. Sec.158(b): In contrast to Sec.158(a), this type of appeal is filed when the appellant seeks review of an interlocutory order or decree during the course of bankruptcy proceedings. An interlocutory order refers to a decision that is not considered final and does not terminate the case. Regardless of the type of appeal being pursued, it is essential to diligently follow the procedural requirements outlined by the Bankruptcy Code, the applicable Federal Rules of Bankruptcy Procedure, and any local rules of the bankruptcy court. Failure to adhere to these requirements may result in the dismissal or rejection of the appeal. In conclusion, the New York 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 plays a vital role in the appeals process to challenge decisions made by bankruptcy judges in New York. By understanding the purpose, process, and different types of appeals, individuals and entities can navigate the complex legal landscape and seek appropriate review of their cases.