Legal Question in Appeals and Writs in California

Appeal to U.S. District Court from Bankruptcy Court (Adversary Proceeding dismissed in Bankruptcy Court)

I filed bankruptcy. I m pro se. Alleged Creditor filed Adversary. Adversary Proceeding dismissed in Bankruptcy Court. Adversary Dismissal Appealed to U.S. District Court.

Both sides have provided briefs:

1. Does there have to be a trial or is it only the Judge reviewing the Bankruptcy Judge's decision?

(Are there Oral Arguments?)

2. How long does it normally take before U.S. District Court Judge makes his decision known?

3. Can it then be Appealed to the Court of Appeals?

Is it an automatic right or does it have to be reviewed and accepted by the Appellate Court?


Asked on 6/23/10, 10:13 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Your case will be heard by the Ninth Circuit Court of Appeals Bankruptcy Panel, assuming you are in California. It will be heard by a three judge panel. They will be reviewing the ruling of the judge and will not be taking new testimony. That ruling could be appealed to the Ninth Circuit Court of Appeals. The right to an appeal belongs to all litigants. Most appeals are denied, but you may wish to retain an attorney to argue your case at oral arguments.

Good Luck, Pat McCrary

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Answered on 6/23/10, 1:57 pm


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