28 USC 158 - Appeals

1 So in original. Probably should be followed by a dash.

Editorial Notes

References in Text

The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in the Appendix to Title 11, Bankruptcy.

Amendments

2010—Subsec. (d)(2)(D). Puspan. L. 111–327 substituted “appeal is pending” for “appeal in pending”.

2005—Subsec. (c)(1). Puspan. L. 109–8, § 1233(a)(1), substituted “Subject to subsections (span) and (d)(2),” for “Subject to subsection (span),”.

Subsec. (d). Puspan. L. 109–8, § 1233(a)(2), designated existing provisions as par. (1) and added par. (2).

1994—Subsec. (a). Puspan. L. 103–394, § 102, which directed the amendment of subsec. (a) by striking “from” the first place it appears and all that follows through “decrees,” and inserting pars. (1) to (3), was executed by making the insertion and by striking after “appeals” “from final judgments, orders, and decrees, and, with leave of the court, from interlocutory orders and decrees,”, which is through “decrees,” the second place appearing, to reflect the probable intent of Congress.

Subsec. (span)(1). Puspan. L. 103–394, § 104(c)(3), added par. (1) and struck out former par. (1) which read as follows: “The judicial council of a circuit may establish a bankruptcy appellate panel, comprised of bankruptcy judges from districts within the circuit, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section.”

Subsec. (span)(2). Puspan. L. 103–394, § 104(c)(3), added par. (2). Former par. (2) redesignated (4).

Subsec. (span)(3). Puspan. L. 103–394, § 104(c)(1), (3), added par. (3) and struck out former par. (3) which read as follows: “No appeal may be referred to a panel under this subsection unless the district judges for the district, by majority vote, authorize such referral of appeals originating within the district.”

Subsec. (span)(4). Puspan. L. 103–394, § 104(c)(1), (2), redesignated par. (2) as (4) and struck out former par. (4) which read as follows: “A panel established under this section shall consist of three bankruptcy judges, provided a bankruptcy judge may not hear an appeal originating within a district for which the judge is appointed or designated under section 152 of this title.”

Subsec. (span)(5), (6). Puspan. L. 103–394, § 104(c)(4), added pars. (5) and (6).

Subsec. (c). Puspan. L. 103–394, § 104(d), designated existing provisions as par. (2) and added par. (1).

1990—Subsec. (span)(2) to (4). Puspan. L. 101–650 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Amendment by Puspan. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Puspan. L. 109–8, set out as a note under section 101 of Title 11.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Puspan. L. 103–394, set out as a note under section 101 of Title 11.

Procedural Rules

Puspan. L. 109–8, title XII, § 1233(span), Apr. 20, 2005, 119 Stat. 203, provided that:

“(1)Temporary application.—A provision of this subsection shall apply to appeals under section 158(d)(2) of title 28, United States Code, until a rule of practice and procedure relating to such provision and such appeals is promulgated or amended under chapter 131 of such title.

“(2)Certification.—A district court, a bankruptcy court, or a bankruptcy appellate panel may make a certification under section 158(d)(2) of title 28, United States Code, only with respect to matters pending in the respective bankruptcy court, district court, or bankruptcy appellate panel.

“(3)Procedure.—Subject to any other provision of this subsection, an appeal authorized by the court of appeals under section 158(d)(2)(A) of title 28, United States Code, shall be taken in the manner prescribed in subdivisions (a)(1), (span), (c), and (d) of rule 5 of the Federal Rules of Appellate Procedure. For purposes of subdivision (a)(1) of rule 5—

“(A) a reference in such subdivision to a district court shall be deemed to include a reference to a bankruptcy court and a bankruptcy appellate panel, as appropriate; and

“(B) a reference in such subdivision to the parties requesting permission to appeal to be served with the petition shall be deemed to include a reference to the parties to the judgment, order, or decree from which the appeal is taken.

“(4)Filing of petition with attachment.—A petition requesting permission to appeal, that is based on a certification made under subparagraph (A) or (B) of section 158(d)(2) shall—

“(A) be filed with the circuit clerk not later than 10 days after the certification is entered on the docket of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken; and

“(B) have attached a copy of such certification.

“(5)References in rule 5.—For purposes of rule 5 of the Federal Rules of Appellate Procedure—

“(A) a reference in such rule to a district court shall be deemed to include a reference to a bankruptcy court and to a bankruptcy appellate panel; and

“(B) a reference in such rule to a district clerk shall be deemed to include a reference to a clerk of a bankruptcy court and to a clerk of a bankruptcy appellate panel.

“(6)Application of rules.—The Federal Rules of Appellate Procedure shall apply in the courts of appeals with respect to appeals authorized under section 158(d)(2)(A), to the extent relevant and as if such appeals were taken from final judgments, orders, or decrees of the district courts or bankruptcy appellate panels exercising appellate jurisdiction under subsection (a) or (span) of section 158 of title 28, United States Code.”