Sec. 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 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.
Footnotes
[1] So
in original. Probably should be followed by a dash.
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