Can I appeal my denied bankruptcy? 6 Answers as of December 06, 2010

My bankruptcy case was denied under USC 305. Can I appeal the decision? What is the success rate for doing so?

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
If you read further in the section you cited, it explicitly says that it is not reviewable by the Court of Appeals. It does not prohibit a motion for re-hearing by the same judge. Review the local rules for how much time you have to file your motion. Not knowing any of the facts, I cannot advise as to your chances.
Answer Applies to: Missouri
Replied: 12/6/2010
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
Yes there is an appeals process for Bankruptcy, as far as whether you can appeal it depends on your case.
Answer Applies to: New Hampshire
Replied: 12/6/2010
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
You can appeal, without knowing the facts of your case, I can't make a judgment about the likelihood of success.
Answer Applies to: South Dakota
Replied: 12/4/2010
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
Per Bankrupcy Court Rule 8002, an appeal of a bankruptcy court decision can be made to the US District Court within 14 days after the order is entered. As to the success rate, it depends on the reason for the dismissal and the facts in your case.
Answer Applies to: Illinois
Replied: 12/4/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You can appeal but appeals are not very successful.
Answer Applies to: California
Replied: 12/3/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    I have never heard of a case being dismissed under that section before, but yes you can appeal provided you timely file the notice of appeal, which I believe is within 14 days of the date of entry of the order of dismissal.

    As far as success, that depends on why the case was dismissed to begin with, and what errors in law you believe were made by the Judge. As a general rule, most appeals fail.
    Answer Applies to: California
    Replied: 12/3/2010
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