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The Bankruptcy StrategistFeaturesBankruptcyLitigation

Landmines In Bankruptcy Appellate Practice, Part III

By Michael L. Cook
March 01, 2024

This is the third article in the series describing the current bankruptcy appeals boom (see, Part I and Part II). Appellate jurisdiction and finality are today's related topics.

Congress limited the jurisdiction of appellate courts in the plain language of the Judicial Code, saving appellate courts from unnecessary work: "The district courts [or any bankruptcy appellate court] … shall have jurisdiction to hear appeals (1) from final judgments… and (3) with leave of the court from other interlocutory orders …. The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments …." 28 U.S.C. §§158(a), 158(d)(1) (emphasis added). When courts have made important exceptions in the past year, as shown here, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.

Maxim Six: Appellate Courts Have Limited Jurisdiction

Court of Appeals Must Hear Merits of Appeal

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