Appeal of a Bankruptcy Court's Ruling - the Standards upon Appeal

Bankruptcy court decisions are normally appealed to the location's federal district court.  Certain standards are used by a district court in making its decision upon appeal.

When a district court reviews the bankruptcy court's decision, the bankruptcy court's factual findings are accepted unless they are "clearly erroneous" with due regard being given to the bankruptcy court's opportunity to judge the credibility of the witness. In re Englander, 95 F.3d 1028, 1030 (11th Cir. 1996).

The bankruptcy court's legal conclusions are reviewed de novo - that is afresh or anew.  Mixed questions of law and fact are also reviewed de novo. In re Lentek Int'l, Inc., 346 Fed. Appx. 430, 433 (11th Cir. 2009).  Under "de novo" review, the district court independently examines the law and draws its own conclusions after apply the law to the facts of the case without regard to the decision made by the bankruptcy court. In re Piper Aircraft Corp., 244 F.3d 1289, 1295 (11th Cir. 2001).(305) 891-4055 - Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankrkuptcy Cases.