28 U.S. Code § 158 - Appeals
The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in the Appendix to Title 11, Bankruptcy.
2010—Subsec. (d)(2)(D). Pub. L. 111–327 substituted “appeal is pending” for “appeal in pending”.
2005—Subsec. (c)(1). Pub. L. 109–8, § 1233(a)(1), substituted “Subject to subsections (b) and (d)(2),” for “Subject to subsection (b),”.
Subsec. (d). Pub. L. 109–8, § 1233(a)(2), designated existing provisions as par. (1) and added par. (2).
1994—Subsec. (a). Pub. L. 103–394, § 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 by striking after “appeals” “from final judgments, orders, and decrees, and, with leave of the court, from interlocutory orders and decrees,”, which is through “decrees,” the second place appearing, to reflect the probable intent of Congress.
Subsec. (b)(1). Pub. L. 103–394, § 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, § 104(c)(3), added par. (2). Former par. (2) redesignated (4).
Subsec. (b)(3). Pub. L. 103–394, § 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, § 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, § 104(c)(4), added pars. (5) and (6).
Subsec. (c). Pub. L. 103–394, § 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.
Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.
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.
Pub. L. 109–8, title XII, § 1233(b), Apr. 20, 2005, 119 Stat. 203, provided that: