LibGuides: Bankruptcy Law Research at NYLI: Bankruptcy Appeals in Federal Courts

Introduction

Bankruptcy courts are an adjunct of the district courts.

The district court has jurisdiction over appeals from final judgments, orders and decrees of bankruptcy judges and over appeals arising from interlocutory (interim) orders and decrees of bankruptcy judges. 28 USC §158(d) now provides for direct appeals to circuit courts if certain criteria are met.

BAPCPA

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, 119 Stat. 23 (2005)
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) made substantial changes in bankruptcy law. Section 1233 of the Act allows direct appeal to the Court of Appeals in certain circumstances.

Rules & Statutes Governing Bankruptcy Appeals

28 USC § 158 - Appeals (Westlaw version)
CHAPTER 6 - BANKRUPTCY JUDGES; § 158 - Appeals.
This rule deals with finality of bankruptcy court orders on appeal to district court, interlocutory appeals to district court, appeal to court of appeals and finality of orders on appeal to court of appeals.
Federal Rules of Bankruptcy Procedure (2021)
WestlawNext version
Federal Rules of Bankruptcy Procedure (December 2022)
U.S. HOUSE OF REPRESENTATIVES
Federal Rules of Appellate Procedure
Title II - Appeal from a Judgment or Order of a District Court.
Appeals of district court decisions to the court of appeals involve the Federal Rules of Appellate Procedure.
Local Rules - US Bankruptcy Court - Southern District of New York
Local rules and internal operating procedures should also be consulted.

28 USC Sec. 1291; 28 USC Sec. 1292

28 USC Sec 1291 - Final Decisions of District Courts
28 USC Sec. 1292 - Interlocutory Decisions

Librarian

Brooke Raymond

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