Georgia Notice of Appeal under 28 U.S.C. Sec.158(a) or (b) from a Judgment, Order, or Decree of a Bankruptcy Judge - Form 17 - Pre and Post 2005 Act

• Category: Bankruptcy - Appeals
• State: Multi-State
• Control #: US-BKR-F17
• Format: PDF

Description

This form is a notice of appeal under 28 U.S.C. section 158(a) or (b) from a judgment, order, or decree of a bankruptcy judge. The plaintiff or the defendant may use this form to appeal the adverse ruling. This form is data enabled to comply with CM/ECF electronic filing standards. This form is for post 2005 act cases.

The Georgia Notice of Appeal under 28 U.S.C. Sec.158(a) or (b) from a Judgment, Order, or Decree of a Bankruptcy Judge — Form 1— - Pre is a legal document that initiates the process of appealing a decision made by a Bankruptcy Judge in Georgia. This form is used when an individual or entity wishes to challenge a judgment, order, or decree issued in a bankruptcy case. Keywords: Georgia, Notice of Appeal, 28 U.S.C. Sec.158(a), 28 U.S.C. Sec.158(b), Judgment, Order, Decree, Bankruptcy Judge, Form 17, PRE. There are no distinct types of the Georgia Notice of Appeal under 28 U.S.C. Sec.158(a) or (b) from a Judgment, Order, or Decree of a Bankruptcy Judge. Instead, this form is used universally for all appellate proceedings related to bankruptcy cases in Georgia. When completing Form 17 PREre, it is crucial to provide accurate and detailed information. The form typically includes the following sections: 1. Caption: This section requires the name of the district where the bankruptcy case was heard, the name of the appellant (person or entity appealing), and the name of the appealed (the opposing party). 2. Nature of appeal: Here, the appellant must specify if the appeal is from a judgment, order, or decree, along with the date of the document being appealed. 3. Parties: This section lists the names and contact information of all parties involved in the appeal, including the bankruptcy judge, the attorneys representing each party, and any additional interested parties. 4. Statement of issues on appeal: The appellant must provide a concise statement of the issues they wish to raise on appeal. This section helps the appellate court understand the key points of contention. 5. Statement of jurisdiction: The appellant should briefly explain the basis for the appellate court jurisdiction over the appeal, referencing the relevant section of the United States Code (28 U.S.C. Sec.158(a) or (b)). 6. Statement of designation of the bankruptcy proceedings: This section requires the appellant to specify the bankruptcy court's case number, the date the judgment, order, or decree was entered, and the presiding bankruptcy judge. 7. Statement of the documents to be transmitted: The appellant must list all the documents they intend to include in the record on appeal, such as pleadings, motions, orders, transcripts, and exhibits. It is essential to be thorough and organized at this stage, as these documents will be crucial to the appellate court's understanding of the case. 8. Relief sought: The appellant should clearly state the relief they are seeking from the appellate court, whether it is the reversal or modification of the judgment, order, or decree in question, or any other specific remedy. After completing this form, it must be properly filed with the appropriate appellate court within the specified time limits outlined in the bankruptcy code. The appeal process then proceeds as per the applicable rules and procedures of the court. In summary, the Georgia Notice of Appeal under 28 U.S.C. Sec.158(a) or (b) from a Judgment, Order, or Decree of a Bankruptcy Judge — Form 1— - Pre is a critical document used to initiate an appeal in bankruptcy cases in Georgia. It ensures that the appellant's concerns are properly addressed by the appellate court, providing an opportunity for a favorable resolution.