Bankruptcy Appeals And Finality: A New Per Se Rule

Law360, New York (April 14, 2017, 12:54 PM EDT) -- Bryce Suzuki

Amanda Cartwright As we have noted in an earlier article, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently “final” may be appealed without additional court authorization. See 28 U.S.C. § 158(a)(3) (interlocutory order may be appealed only with leave of the court). Appeals from “final” bankruptcy court orders usually are first heard by a United States district court or a bankruptcy appellate panel (BAP), which have jurisdiction “to hear appeals from final judgments,...
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