Legal Question in Appeals and Writs in California
The bankruptcy Judge�s decision ended the adversary case on SJ with prejudice. It was then appealed. Can a US District Court Judge ignore a properly filed appeal from bankruptcy court or does the Judge have to respond eventually? That is, can an appeal be rejected or decided without trial? How long does a Judge in a very busy District have to move the case along after the case has been referred to them? No case deadlines have been set.
1 Answer from Attorneys
An appeal is heard without any new trial or any new evidence. Generally, the appeals decision is whether the bankruptcy judge's decision was consistent with the law or whether there was evidence to support the verdict. Legal briefs are filed on an appeal and with very few exceptions there is no evidence presented. Most attorneys do not handle appeals in cases where they handled the trials. It is very difficult for someone with no legal background to handle an appeal. I would suggest that you contact an appeals attorney. Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
