A Primer On Direct Appeals To The Circuit Courts

By Honorable Jim D. Pappas, Ninth Circuit Bankruptcy Appellate Panel

As most bankruptcy attorneys have learned, appeals from final and interlocutory judgments and orders of the bankruptcy courts normally go either to the Bankruptcy Appellate Panel (“BAP”), or if a party “opts out”, to the district court. But the 2005 BAPCPA amendments changed the law.  Now, under certain circumstances,  appeals of bankruptcy court decisions may be taken directly to the Courts of Appeal for each circuit, bypassing the BAP/district court.  Like most other BAPCPA changes, this amendment is effective in bankruptcy cases filed on or after October . . .

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