§ 158. — Appeals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC158]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 6--BANKRUPTCY JUDGES
Sec. 158. Appeals
(a) The district courts of the United States shall have jurisdiction
to hear appeals \1\
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\1\ So in original. Probably should be followed by a dash.
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(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 subsection (b), 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) 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.
(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat.
341; amended Pub. L. 101-650, title III, Sec. 305, Dec. 1, 1990, 104
Stat. 5105; Pub. L. 103-394, title I, Secs. 102, 104(c), (d), Oct. 22,
1994, 108 Stat. 4108-4110.)
References in Text
The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in
the Appendix to Title 11, Bankruptcy.
Amendments
1994--Subsec. (a). Pub. L. 103-394, Sec. 102, which directed the
amendment of subsec. (a) by striking ``from'' the first place it appears
and all that follows through ``decrees,'' and inserting pars. (1) to
(3), was executed by making the insertion and striking after ``appeals''
``from final judgments, orders, and decrees,'', which is through
``decrees,'' the first place appearing, to reflect the probable intent
of Congress.
Subsec. (b)(1). Pub. L. 103-394, Sec. 104(c)(3), added par. (1) and
struck out former par. (1) which read as follows: ``The judicial council
of a circuit may establish a bankruptcy appellate panel, comprised of
bankruptcy judges from districts within the circuit, to hear and
determine, upon the consent of all the parties, appeals under subsection
(a) of this section.''
Subsec. (b)(2). Pub. L. 103-394, Sec. 104(c)(3), added par. (2).
Former par. (2) redesignated (4).
Subsec. (b)(3). Pub. L. 103-394, Sec. 104(c)(1), (3), added par. (3)
and struck out former par. (3) which read as follows: ``No appeal may be
referred to a panel under this subsection unless the district judges for
the district, by majority vote, authorize such referral of appeals
originating within the district.''
Subsec. (b)(4). Pub. L. 103-394, Sec. 104(c)(1), (2), redesignated
par. (2) as (4) and struck out former par. (4) which read as follows:
``A panel established under this section shall consist of three
bankruptcy judges, provided a bankruptcy judge may not hear an appeal
originating within a district for which the judge is appointed or
designated under section 152 of this title.''
Subsec. (b)(5), (6). Pub. L. 103-394, Sec. 104(c)(4), added pars.
(5) and (6).
Subsec. (c). Pub. L. 103-394, Sec. 104(d), designated existing
provisions as par. (2) and added par. (1).
1990--Subsec. (b)(2) to (4). Pub. L. 101-650 added par. (2) and
redesignated former pars. (2) and (3) as (3) and (4), respectively.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11, Bankruptcy,
before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a
note under section 101 of Title 11.
Section Referred to in Other Sections
This section is referred to in sections 157, 1334, 1452 of this
title; title 11 section 305.
