Bankruptcy Expert Warns of Pitfalls in Appellate Jurisdiction
Michael L. Cook, a legal expert at Schulte Roth & Zabel, has published an insightful article titled 'Landmines in Bankruptcy Practice, Part III' in The Bankruptcy Strategist. The piece delves into the complexities of appellate jurisdiction and finality in bankruptcy appeals, a topic of growing relevance given the current surge in such cases.
Cook, who is also the author of the article, explores the intricacies of 28 U.S.C. §§158(a) and 158(d)(1), which outline the jurisdiction of appellate courts in bankruptcy cases. These sections restrict jurisdiction to 'final' judgments and, with the court's permission, 'interlocutory' orders. However, recent exceptions have been made by courts to clarify statutory language, rectify lawyers' errors, or address gaps in the law.
Cook's article serves as a timely reminder for legal professionals navigating the intricate landscape of bankruptcy appeals, offering valuable insights to help them avoid potential pitfalls.
Michael L. Cook's article, 'Landmines in Bankruptcy Practice, Part III', provides a comprehensive guide to understanding appellate jurisdiction and finality in bankruptcy appeals. With the current increase in such cases, this article is a crucial resource for lawyers practicing in this area, helping them to better navigate the complex legal terrain.
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