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Bankruptcy Civil Appeals Litigation

Update on Bankruptcy Appellate Practice Part Three — Finality

This installment of our appellate practice series reviews recent cases addressing the appellate jurisdiction of district courts and the courts of appeals, referred to as the “finality” doctrine.

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This installment of our appellate practice series reviews recent cases addressing the appellate jurisdiction of district courts and the courts of appeals, referred to as the “finality” doctrine. The relevant sections of the Judicial Code — §§157, 158, 1298 and 1292 — seem straightforward and clear. As shown below, though, the courts have often been inconsistent in applying the statute. (See Part One: Appellate Standing of this series in the December 2021 issue, and Part 2: Equitable Mootness in the January 2022 issue.)

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