How do I appeal my Chapter 13 bankruptcy dismissal?

When you file a Chapter 13 bankruptcy, the court must approve the petition before the bankruptcy can officially go forward. In some cases, the court may dismiss your filing, believing that your case does not meet the requirements of the US Bankruptcy Code that would make you eligible for filing.

Should you receive a chapter 13 dismissal, if you believe your case should have been eligible, it is possible to appeal the decision. The following steps will get you started. You should also work with a qualified bankruptcy lawyer in order to ensure all is done properly.

1. File the notice of appeal. You will be given 14 days to file a notice to the court telling them you wish to appeal the decision. You must file the notice with the bankruptcy court; there's an official form to fill out, which will require the names and addresses of your creditors as well as various other pieces of information. If you cannot file the appeal notice within 14 days, you should file an extension request with the court during those 14 days instead; this is a much simpler form that requests the court give you time to put together the appeals form.
2. Within 14 days of filing your appeal notice, you must file a designation of the record, as well as a statement of the issues at hand. These documents will explain to the court why you believe your case should not have been dismissed, and point out the things that you believe the court should reconsider in potentially reversing the decision.
3. A court date will be scheduled, and you will receive notice of when the case will be held. Once the date is scheduled, you will be given another 14 days in which to file a brief with the court; the brief should be a basic write-up of the issues at hand and again, a statement of your reasoning as to why the decision should be reversed, along with any relevant evidence.
4. 4. On the day of your court hearing, you and your bankruptcy attorney should appear. Either of you may present an argument in court, speaking through the documents you provided and explaining your reasoning in person. Make sure to bring all documentation with you, and have it organized and at hand. The court will rule on your case, typically during the hearing itself. Should it once again dismiss your bankruptcy, you will have 14 days to file for a re-hearing. If that also results in a dismissal, you must wait 180 days before filing again.

It is imperative you have the help of a qualified bankruptcy attorney throughout this process for the best possible results.