In his latest article for The Bankruptcy Strategist, titled “Landmines in Bankruptcy Appellate Practice,” Schulte Roth & Zabel of counsel Michael L. Cook summarizes recent decisions that demonstrate how a simple reading of the Bankruptcy Rules and Judicial Code will provide only limited guidance.
Pundits are raving about the current increase in business bankruptcy cases. But they rarely, if ever, mention the spike in bankruptcy appeals. A brief survey of recent decisions shows that appellate courts are, among other things, finding ways to (a) avoid making decisions or to (b) avoid litigation delay and uncertainty by expediting appellate review. Practitioners can avoid surprises by grasping what these courts are actually doing.