28 U.S.C. § 158 : US Code - Section 158: Appeals

Search 28 U.S.C. § 158 : US Code - Section 158: Appeals

(a) The district courts of the United States shall have
jurisdiction to hear appeals (!1)
(1) from final judgments, orders, and decrees;
(2) from interlocutory orders and decrees issued under section
1121(d) of title 11 increasing or reducing the time periods
referred to in section 1121 of such title; and
(3) with leave of the court, from other interlocutory orders
and decrees;
and, with leave of the court, from interlocutory orders and
decrees, of bankruptcy judges entered in cases and proceedings
referred to the bankruptcy judges under section 157 of this title.
An appeal under this subsection shall be taken only to the district
court for the judicial district in which the bankruptcy judge is
serving.
(b)(1) The judicial council of a circuit shall establish a
bankruptcy appellate panel service composed of bankruptcy judges of
the districts in the circuit who are appointed by the judicial
council in accordance with paragraph (3), to hear and determine,
with the consent of all the parties, appeals under subsection (a)
unless the judicial council finds that -
(A) there are insufficient judicial resources available in the
circuit; or
(B) establishment of such service would result in undue delay
or increased cost to parties in cases under title 11.
Not later than 90 days after making the finding, the judicial
council shall submit to the Judicial Conference of the United
States a report containing the factual basis of such finding.
(2)(A) A judicial council may reconsider, at any time, the
finding described in paragraph (1).
(B) On the request of a majority of the district judges in a
circuit for which a bankruptcy appellate panel service is
established under paragraph (1), made after the expiration of the 1-
year period beginning on the date such service is established, the
judicial council of the circuit shall determine whether a
circumstance specified in subparagraph (A) or (B) of such paragraph
exists.
(C) On its own motion, after the expiration of the 3-year period
beginning on the date a bankruptcy appellate panel service is
established under paragraph (1), the judicial council of the
circuit may determine whether a circumstance specified in
subparagraph (A) or (B) of such paragraph exists.
(D) If the judicial council finds that either of such
circumstances exists, the judicial council may provide for the
completion of the appeals then pending before such service and the
orderly termination of such service.
(3) Bankruptcy judges appointed under paragraph (1) shall be
appointed and may be reappointed under such paragraph.
(4) If authorized by the Judicial Conference of the United
States, the judicial councils of 2 or more circuits may establish a
joint bankruptcy appellate panel comprised of bankruptcy judges
from the districts within the circuits for which such panel is
established, to hear and determine, upon the consent of all the
parties, appeals under subsection (a) of this section.
(5) An appeal to be heard under this subsection shall be heard by
a panel of 3 members of the bankruptcy appellate panel service,
except that a member of such service may not hear an appeal
originating in the district for which such member is appointed or
designated under section 152 of this title.
(6) Appeals may not be heard under this subsection by a panel of
the bankruptcy appellate panel service unless the district judges
for the district in which the appeals occur, by majority vote, have
authorized such service to hear and determine appeals originating
in such district.
(c)(1) Subject to subsections (b) and (d)(2), each appeal under
subsection (a) shall be heard by a 3-judge panel of the bankruptcy
appellate panel service established under subsection (b)(1) unless -

(A) the appellant elects at the time of filing the appeal; or
(B) any other party elects, not later than 30 days after
service of notice of the appeal;
to have such appeal heard by the district court.
(2) An appeal under subsections (a) and (b) of this section shall
be taken in the same manner as appeals in civil proceedings
generally are taken to the courts of appeals from the district
courts and in the time provided by Rule 8002 of the Bankruptcy
Rules.
(d)(1) The courts of appeals shall have jurisdiction of appeals
from all final decisions, judgments, orders, and decrees entered
under subsections (a) and (b) of this section.
(2)(A) The appropriate court of appeals shall have jurisdiction
of appeals described in the first sentence of subsection (a) if the
bankruptcy court, the district court, or the bankruptcy appellate
panel involved, acting on its own motion or on the request of a
party to the judgment, order, or decree described in such first
sentence, or all the appellants and appellees (if any) acting
jointly, certify that -
(i) the judgment, order, or decree involves a question of law
as to which there is no controlling decision of the court of
appeals for the circuit or of the Supreme Court of the United
States, or involves a matter of public importance;
(ii) the judgment, order, or decree involves a question of law
requiring resolution of conflicting decisions; or
(iii) an immediate appeal from the judgment, order, or decree
may materially advance the progress of the case or proceeding in
which the appeal is taken;
and if the court of appeals authorizes the direct appeal of the
judgment, order, or decree.
(B) If the bankruptcy court, the district court, or the
bankruptcy appellate panel -
(i) on its own motion or on the request of a party, determines
that a circumstance specified in clause (i), (ii), or (iii) of
subparagraph (A) exists; or
(ii) receives a request made by a majority of the appellants
and a majority of appellees (if any) to make the certification
described in subparagraph (A);
then the bankruptcy court, the district court, or the bankruptcy
appellate panel shall make the certification described in
subparagraph (A).
(C) The parties may supplement the certification with a short
statement of the basis for the certification.
(D) An appeal under this paragraph does not stay any proceeding
of the bankruptcy court, the district court, or the bankruptcy
appellate panel from which the appeal is taken, unless the
respective bankruptcy court, district court, or bankruptcy
appellate panel, or the court of appeals in which the appeal in
(!2) pending, issues a stay of such proceeding pending the appeal.
(E) Any request under subparagraph (B) for certification shall be
made not later than 60 days after the entry of the judgment, order,
or decree.