If you are appealing from a bankruptcy judge in the First, Sixth, Eighth, Ninth, and Tenth Circuits then you have a choice whether to appeal to a District Court or to a Bankruptcy Appellate Panel (BAP). While the choice may vary locally and if you are in a small division of your district you may know to which District Judge the appeal would be assigned, it is sometimes hard to tell what is the best choice. Many larger District Courts however do not like bankruptcy appeals and see it as a chore seldom if ever granting oral argument and simply crunching out an opinion six months to a year later after a case is appealed.
Bankruptcy Appellate Panels are more likely to hold oral argument and because they are composed of bankruptcy judges may have a better understanding of the legal issues involved. The down side is that they often have that same bankruptcy judge bias and might be less likely to reverse on certain issues. It is a judgment call that should be made in each case. The question is whether you want a bankruptcy specialist or a generalist to hear your case. Each one has advantages and disadvantages. In either case you can appeal your case to the Court of Appeals for your cicruit if you are dissatisfied with the decision of the District Court of BAP.


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