This guide is intended to provide basic information about the appellate process in bankruptcy cases in Ohio.
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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:
Information about U.S. Bankruptcy Courts
U.S. Bankruptcy courts abide by procedural rules to determine the process for a case. These include:
Bankruptcy courts also typically have local rules which apply to bankruptcy cases as well.
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:
Bankruptcy Appellate Panel
In Ohio, if an appeal was heard by the bankruptcy appellate panel it would likely be:
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
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:
Federal District Courts - Rules
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
Local rules, which differ based on the court. Local Rules for the Bankruptcy Appellate Panel of the Sixth Circuit.
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