All of the cases relating to bankruptcy law decided by the Fifth Circuit in 1980 arose under the old Bankruptcy Act. The Bankruptcy Reform Act of 1978 applies to cases filed on or after October 1, 1979. Many of these recent decisions may be of more than merely academic interest, however, since the Fifth Circuit's approach to the issues presented may shed some light on what can be expected in its interpretation of the new Code.
Three cases decided by the Fifth Circuit in 1980 illustrate pitfalls in appellate practice. In Bad Bubba Racing Products, Inc. v. Huenefeld (In re Bad Bubba Racing Products, Inc.), the issue was whether an appeal is perfected by merely mailing a notice of appeal. In a per curiam opinion, the court held that mailing was insufficient. Rules 801(a) and 802(a) of the Rules of Bankruptcy Procedure require filing of the notice of appeal with the clerk within ten days of the entry of an order in order to perfect the appeal.
Drake, W. Homer Jr. and Massey, James E.
Mercer Law Review: Vol. 32:
4, Article 4.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol32/iss4/4