In an appeal from the district court to the court of appeals, jurisdiction conferred by 28 USC §158(d) is limited to appeals as of right from final judgments rendered in appeals by district courts.
Review of district court appellate decisions in interlocutory appeals by the court of appeals either must:
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) amended 28 USC §158(d) to provide for a direct appeal of a final or interlocutory order from the bankruptcy court to the court of appeals.
For this to occur there must be:
§1233 of BAPCPA provides a certification process for direct appeal. Certification can be made by the bankruptcy or district court or all of the parties acting in concert. The appeal must involve one of the following criteria in 28 USC §158(d)(2)(A):