You Can Appeal A Bankruptcy
Bankruptcy decisions, like other types of rulings and verdicts, can be appealed. Appealing a decision is a complex process that requires attorneys with unique skills in written and oral arguments. In bankruptcy cases, it involves appealing a bankruptcy judge’s ruling. In the Sixth Circuit Court of Appeals, there is a Bankruptcy Appellate Panel that hears appeals. The panel comprises three bankruptcy judges who review appellate briefs. If necessary, the panel’s decision can be appealed to the court of appeals.
At Rothschild & Ausbrooks, PLLC, we have experience with bankruptcy appeals. Our lawyers presently have two cases on appeal. We are committed to protecting the rights of debtors against unfair collection practices. As board-certified bankruptcy specialists, we have the knowledge and experience to handle appeals and stand up to creditors that violate the law.
Our Cases on Appeal
We have two cases on appeal to the Sixth Circuit Court of Appeals:
In a case against Metro/Davidson County, Tennessee, our argument is that a Tennessee statute classifying a penalty as interest as it relates to debtors in Chapter 13 bankruptcies is unconstitutional and should not be allowed. The bankruptcy court agreed with our argument. Metro/Davidson County subsequently appealed the decision. Both parties have filed briefs with the Sixth Circuit Bankruptcy Appellate Panel.
In another case, we appealed in regard to the relationship between bankruptcy law and the Fair Debt Collection Practices Act (FDCPA), which prohibits collection agencies from collecting debts that are not legally enforceable. In the cases that were consolidated for the appeal, collection agencies filed claims for debts that were not legally enforceable as the statute of limitations had expired. The bankruptcy court dismissed the complaints and stated that the mere filing of a claim that contained factual information was not, in and of itself, a violation of the FDCPA. We appealed the decision.
Learn More by Speaking With a Lawyer
Please call us in Nashville at 615-866-2265 or 866-656-8909. You can also contact us online. We offer free consultations.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.