Appealing bankruptcy court decisions in district court is a losing bet for the appellant, although your chances can vary wildly based on who’s sitting on the bench, according to a new report by legal analytics company Lex Machina.
The report, matter-of-factly titled “2017 Report on Bankruptcy Litigation in District Courts,” looks at how appellants and appellees fare on appeal and which districts see the most appeals from bankruptcy court, among other things, based on data that go back to 2009.
Elsewhere, see Judge Should Not Have Determined Appeal of His Own Decisions: Top NY Court -- yep, NY State's highest court recently ruled here that a trial court judge should have recused himself from an appeal taken from his own previous decision.
In this case, the same Judge ruled upon defendant's pretrial motions, served as the trier of fact, convicted defendant, sentenced defendant, and then proceeded to serve as the sole reviewing Judge on appeal.
We therefore conclude that, under principles of due process (see US Const, amend XIV, § 1]; NY Const, art I, § 6), a judge may not act as appellate decision-maker in a case over which the judge previously presided at trial.
Posts
