This course will provide a comprehensive overview of the process for perfecting and successfully pursuing an appeal from a bankruptcy court order, along with tips and practical considerations from the viewpoint of a Bankruptcy Appellate Panel and District Court Judge. Topics will include:
- Which types of orders or judgments are final and appealable;
- Electing between appealing to the BAP or District Court;
- Potential spoilers: jurisdictional issues, mootness, and standing;
- Standards of review;
- Best practices for briefs and effective oral advocacy;
- Further appeal / direct appeals to the Circuit Court of Appeals.
Chair:
Bradley D. Pack, Engelman Berger, PC
Faculty:
Honorable Scott Gan, United States Bankruptcy Court and United States Bankruptcy Appellate Panel for the Ninth Circuit
Honorable Dominic Lanza, U.S. District Court for the District of Arizona
Scott H Gan, United States Bankruptcy Judge, United States Bankruptcy Court
Honorable Scott Gan was sworn in as a U.S. Bankruptcy Judge for the District of Arizona on September 11, 2014. Prior to his appointment to the bench, Judge Gan had been a shareholder and partner since 1993 with the law firm of Mesch, Clark & Rothschild, P.C., where he was a chair to the firm's Appellate Practice Section and a member of the firm's Bankruptcy Section. Judge Gan was recognized as a Fellow of the American Academy of Appellate Lawyers in 2014. He began his legal career with the Pima County (Arizona) Office of the Public Defender and then briefly joined a firm that represented claimants before the Social Security Administration and the Arizona Industrial Commission. Judge Gan received his B.A. from the University of Arizona in 1977 and his J.D. from the UA James E. Rogers College of Law in 1980. Judge Gan maintains chambers in Tucson, AZ.
Bradley David Pack, Engelman Berger PC
is a certified business bankruptcy specialist. His practice focuses on the representation of both creditors and debtors in Chapter 11 bankruptcies, receiverships, and complex loan workouts. Bradley also represents lending institutions and small and medium-sized businesses in commercial litigation matters concerning business loan and contract disputes. In addition, he has successfully represented litigants in appeals before the Ninth Circuit Court of Appeals, the Ninth Circuit Bankruptcy Appellate Panel and the Arizona Court of Appeals. He graduated summa cum laude from the University of Arizona James E. Rogers College of Law in 2005. After graduating, Bradley went on to clerk for the Honorable Susan Ehrlich at Division One of the Arizona Court of Appeals. From there, he joined the law firm of Engelman Berger, P.C., where he has practiced ever since.
Dominic W Lanza