II. Methods of Appeal

• Jurisdiction: North Carolina

II. METHODS OF APPEAL

The United States Supreme Court decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), necessitated a restructure of the appellate system for bankruptcy cases. In accordance with the 1984 Amendments to the Bankruptcy Code, bankruptcy court jurisdiction is derived by order of reference to the bankruptcy court from the United States District Court.

A. Appeal to District Court From Bankruptcy Court

Bankruptcy proceedings are separated into either "core" or "non-core" proceedings. 28 U.S.C. § 157(b). In general, when ruling in a core proceeding arising under the Bankruptcy Code or arising in a case under the Bankruptcy Code, the bankruptcy court enters a dispositive order and/or judgment pursuant to 28 U.S.C. § 157(b)(1). The exception to this general rule arises in instances where the bankruptcy court lacks jurisdiction to determine an otherwise core matter as discussed below. The bankruptcy court also may enter orders and judgments in core and non-core proceedings with the consent of the parties pursuant to 28 U.S.C. § 157(c)(2). In the absence of the parties'...