- 1). Ask the clerk of court for a certified copy of the final order in your case. The final order spells out the details of the bankruptcy court's decision, which is what you'll be trying to overturn by filing an appeal. Also ask the clerk about the court rules for filing an appeal. While the procedures for appealing to the district courtare similar in Georgia's Middle, Northern and Southern Bankruptcy Courts, the fine points may be different.
- 2). File the notice of appeal with the clerk of court before the deadline expires, along with the filing fee. In the middle district, the deadline is 14 days after the final order is signed or mailed, though the judge may agree to extend that. The clerk will then transmit the notice to the District Court.
- 3). File a request -- which also has to be in by the court's deadline -- for the records from the bankruptcy case that you want submitted to the district court. The records must be identified individually: Even if you want every document in the court record, just saying "submit everything" is not an acceptable legal request. The clerk will take care of transmitting the documents to the district court's offices.
- 4). Submit a brief on your case to the district court handling it. The law gives you 14 days to do this, unless the specific court sets a different timetable. The brief sets out your case and the reasons you think the bankruptcy judge made the wrong call.
- 5). Ask the bankruptcy court to stay the final order pending appeal. The stay will keep your creditors from taking advantage of the denial of bankruptcy. If the court refuses to grant a stay, you can request one from the district court.
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