It’s safe to say that there is no busier practice right now than bankruptcy. The commencement of numerous bankruptcy proceedings in the past several months, moreover, means a corresponding wave of bankruptcy appeals in the near future. Appellate practitioners might think that appeals from a bankruptcy court are little different from any other appeal.  But just as bankruptcy litigation has a “distinctive character,” Ritzen Group, Inc. v. Jackson Masonry, LLC, 140 S. Ct. 582, 586 (2020), bankruptcy appeals can be an odd duck, too, with a number of quirks that can surprise, if not trip up, an appellate practitioner with little to no prior experience in the field.

This article addresses several unusual aspects of bankruptcy appeals of which unseasoned practitioners should be aware. Although not an exhaustive list, these examples reflect the need for appellate practitioners to exercise diligence, proceed with caution, and never assume anything when treading into the fascinating but relatively foreign world of bankruptcy appeals.

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