Appeals Process

Bankruptcy cases are generally filed in U.S. Bankruptcy courts. The U.S. Trustee offers a court locator to help locate the correct court for the initial filing. In Ohio this is typically either:

The U.S. Bankruptcy Court for the Northern District of Ohio, or

The U.S. Bankruptcy Court for the Southern District of Ohio. 

Information about U.S. Bankruptcy Courts

• U.S. Bankruptcy Courts

• Bankruptcy Cases

Procedural rules

U.S. Bankruptcy courts abide by procedural rules to determine the process for a case. These include:

• Federal Rules of Bankruptcy Procedure and

• Federal Rules of Civil Procedure (some aspects).

For more information about which rules apply and under what circumstances see Rule 81 of the Federal Rules of Civil Procedure and and Part VII of the Federal Rules of Bankruptcy Procedure.

Local rules

Bankruptcy courts also typically have local rules which apply to bankruptcy cases as well.

• U.S. Bankruptcy Court for the Northern District of Ohio local rules. 

• U.S. Bankruptcy Court for the Southern District of Ohio local rules, forms and procedures.

In bankruptcy cases an appeal may be made to either the appropriate federal district court or directly to the bankruptcy appellate panel (BAP) of the federal circuit court, depending on the jurisdiction and circumstances of the case.  Bankruptcy appellate panels are three judge panels who are authorized to hear bankruptcy cases.  

Federal District Court

In Ohio, if an appeal was heard by the federal district court, it would likely be either:

• The U.S. Court for the Northern District of Ohio, or
• The U.S. Court for the Southern District of Ohio, depending on which district heard the initial case.

Bankruptcy Appellate Panel

In Ohio, if an appeal was heard by the bankruptcy appellate panel it would likely be:

• The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Sixth Circuit.
• At this time, only the 1st, 6th, 8th, 9th and 10th Circuits have established BAPs. 

Further appeals

A party may be able to further appeal the decision of a federal district court or BAP to the Court of Appeals for the circuit. In Ohio this appeal would be to the

• U.S. Court of Appeals for the Sixth Circuit and subsequently to the
• U.S. Supreme Court

For detailed information about types of appeals, the courts to which a party may appeal, and the circumstances under which those appeals may be made see:

• Part VIII of the Federal Rules of Bankruptcy Procedure, 
• 28 U.S.C. §158  and
• Rule 8001-3 of the local rules for the Sixth Circuit.

Federal District Courts - Rules

• Federal Rules of Bankruptcy Procedure  

• Part VIII of the Federal Rules of Bankruptcy Procedure provides detailed information about the appeals process for these cases. 

• Local rules, which differ based on the court.

Bankruptcy Appellate Panels - Rules

• Federal Rules of Bankruptcy Procedure 

• Federal Rules of Appellate Procedure, to the extent provided by Rule 6, and

• Local rules, which differ based on the court. Local Rules for the Bankruptcy Appellate Panel of the Sixth Circuit. 

Disclaimer: Hamilton County Law Library staff, as a service to its patrons, provides reference services and information, including these research guides. To protect the public interest, Ohio law requires that legal advice and services be rendered only by qualified attorneys who are subject to the guidelines of the courts. Library staff members do not interpret the law, provide legal advice, or explain court procedures. The information provided is not a substitute for legal advice from a licensed attorney.  None of our services shall be construed as giving legal advice.