Why Practicality should Trump Technicality: A Brief Argument for the Precedential Value of Bankruptcy Appellate Panel Decisions
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Authors
Carroll, Thalia L. Downing
Issue Date
2000
Volume
33
Issue
3
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In 1978, Congress exercised its powers under Article I, Section of the Constitution in passing the Bankruptcy Reform Act of 1978. The act authorized, but did not require, the creation of Bankruptcy Appellate Panels ("BAP"). In contrast, the Bankruptcy Reform Act of 1994 requires the judicial council of every circuit to establish a BAP. According to the statute, once a BAP has been created, any party who wishes to appeal a final decision of a bankruptcy court may appeal to the BAP-a panel of three bankruptcy court judges-or elect to have the appeal heard before a United States District Court judge. After a determination at this level, the next stage in the appellate process is the United States Court of Appeals for the circuit in which the bankruptcy court is located. As is evident, the BAP holds a somewhat nebulous position in the appellate hierarchy. In the Ninth Circuit, for instance, the battle has been raging for years considering the precedential value of BAP decisions. The precarious position of the BAP is...
Description
Citation
33 Creighton L. Rev. 565 (1999-2000)
Publisher
Creighton University School of Law