Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Bankruptcy Appeals

15

Flashcards

0/15

Still learning
StarStarStarStar

Erroneous interpretation or application of the Bankruptcy Code

StarStarStarStar

Challenge an incorrect interpretation of the law, potentially leading to reversal, remand, or modification of the order.

StarStarStarStar

Procedural errors

StarStarStarStar

Claim errors in the procedural handling of the bankruptcy case; could lead to reversal, remand, or a new hearing.

StarStarStarStar

Disparity in treatment of similarly situated creditors or debtors

StarStarStarStar

Claim inconsistent treatment under the law, which may result in adjustment of claims or equitable relief.

StarStarStarStar

Newly discovered evidence

StarStarStarStar

Base the appeal on evidence not available during the original proceeding; could lead to a reversal or a new trial if the evidence is substantial.

StarStarStarStar

Lack of jurisdiction by the bankruptcy court

StarStarStarStar

Argue that the bankruptcy court did not have the authority to make the decision; the case may be dismissed or referred to the appropriate court.

StarStarStarStar

Incorrect application of bankruptcy exemptions

StarStarStarStar

Argue that the exemptions were misapplied, potentially leading to a reversal of the decision or remand for correction.

StarStarStarStar

Failure to provide adequate notice

StarStarStarStar

Contend that parties were not given proper notice, potentially leading to remedy by reopening the case or alteration of the order.

StarStarStarStar

Abuse of discretion by the bankruptcy court

StarStarStarStar

Argue that the bankruptcy judge made a decision that was arbitrary or unreasonable; may result in reversal or further review if abuse is proven.

StarStarStarStar

Improper legal standard applied

StarStarStarStar

Challenge the bankruptcy decision by showing that the court applied the wrong legal standard, potentially leading to reversal or remand for reconsideration.

StarStarStarStar

Inadequate representation or ineffective assistance of counsel

StarStarStarStar

Appeal on the grounds of poor legal representation; if proven, this can lead to a reversal or a new trial.

StarStarStarStar

Bankruptcy court exceeded its power

StarStarStarStar

Challenge the ruling by arguing that the court went beyond its authorized powers; could result in a reversal or vacating the decision.

StarStarStarStar

Violation of the automatic stay

StarStarStarStar

Appeal based on improper actions by creditors that violated the automatic stay, with potential remedies including damages or sanctions.

StarStarStarStar

Violation of due process

StarStarStarStar

Contend that the bankruptcy proceedings violated the debtor's or creditor's due process rights, possibly resulting in a reversal or remand.

StarStarStarStar

Errors in fact-finding

StarStarStarStar

Contest the factual determinations made by the bankruptcy court; may result in reversal or remand if errors were material to the decision.

StarStarStarStar

Fraud or misconduct during the bankruptcy process

StarStarStarStar

If fraud or misconduct influenced the bankruptcy decision, the outcome may be reversed or the case may be remanded.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.