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Courts and procedure

Bankruptcy appellate panel

A bankruptcy appellate panel is a panel of three bankruptcy judges that hears appeals from bankruptcy court decisions in place of the district court. 1

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How it works

By default, an appeal from a bankruptcy judge's decision goes to the district court for that district. 1

A panel is an alternative that exists only in some places. The judicial council of each circuit sets up a panel service made up of bankruptcy judges from the circuit, unless it finds there are not enough judicial resources or that the service would add delay or cost. A panel can take appeals from a district only if that district's judges have authorized it. 1

Where a panel is available, the appeal goes to it unless a party chooses the district court. The person appealing must choose when filing the appeal. Any other party has 30 days after being served with the notice of appeal. 1

A judge on the panel may not hear an appeal that comes from that judge's own district. 1

Common questions

Is there a panel where I live?

It depends on your circuit and your district. Check with your bankruptcy court or a bankruptcy lawyer to find out where appeals from that court go. 1

Can a panel's decision be appealed?

Yes. The federal courts of appeals can hear a further appeal from the final decision. 2

Sources

  1. 28 U.S. Code § 158(b)-(c) (Cornell LII)
  2. Federal Rules of Bankruptcy Procedure, Rule 8002(a) (Cornell LII)

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