Section 2.31 Generally

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

A. (§2.31) Generally

Appeal of a bankruptcy court’s final order in a core proceeding or, if the parties consented to the entry of a final order by the bankruptcy court, in a non-core proceeding may be taken to the bankruptcy appellate panel or the district court. 28 U.S.C. § 157(b) and (c). Appeal of bankruptcy court decisions is governed by 28 U.S.C. §§ 158(a) and 1334(a) and (b). Notwithstanding the foregoing, under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Pub. L. No. 109-8, 119 Stat. 23 (the 2005 Amendments), direct appeals to the court of appeals are permitted under certain circumstances. A direct appeal is permitted if:

(1) the bankruptcy court, district court, or bankruptcy appellate panel in which the matter is pending, on request of a party or on its own motion, or all the appellants and appellees acting jointly, certify that:

(a) the judgment or order involves a question of law as to which there is no controlling decision of a court of appeals for that circuit or the Supreme Court, or involves a matter of public importance;

(b) the judgment or order involves a question of law requiring resolution of...