5.13 Burden Of Proof

• Jurisdiction: United States

5.13 APPEAL - BAPCPA CHANGES

An order of the bankruptcy court may be appealed by the filing of a notice of appeal with the bankruptcy court clerk within 10 days of the date of entry of the order, decree or judgment.³⁰¹

Under pre-BAPCPA law, an appeal from a bankruptcy court decision had to be heard by a Federal district court or bankruptcy appellate panel before it may be heard by a Federal court of appeals. S. 256 authorizes a direct appeal from a bankruptcy circumstances.³⁰²

As explained in the House Report:

[S]ection 1233 of the Act amends section 158(d) of title 28 to establish a procedure to facilitate appeals of certain decisions, judgments, orders and decrees of the bankruptcy courts to the circuit courts of appeals by means of a two-step certification process.

The first step is a certification by the bankruptcy court...