Allustiarte v. United States, 256 F.3d 1349 (Fed. Cir. 2001). · Go Syfert
Allustiarte v. United States, 256 F.3d 1349 (Fed. Cir. 2001). Cases Citing This Book View Copy Cite
Quick Summary

The Court of Federal Claims lacks subject matter jurisdiction to review decisions of federal bankruptcy courts or to hear takings claims based on the discretionary actions of bankruptcy trustees.

Plaintiffs, who were debtors and creditors in Ninth Circuit bankruptcy proceedings, sued the United States in the Court of Federal Claims, alleging that bankruptcy trustees’ actions, approved by bankruptcy courts, constituted a Fifth Amendment taking. The central question is whether the Court of Federal Claims has subject matter jurisdiction to hear takings claims based on the discretionary actions of bankruptcy courts and trustees. The court applies the rule that the Court of Federal Claims lacks jurisdiction to review decisions of federal bankruptcy courts, as such claims must be resolved through the standard appellate process to district and circuit courts. Because entertaining the takings claims would require scrutinizing the bankruptcy courts’ actions, the court affirms the dismissal for lack of subject matter jurisdiction.

195 citation events (195 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Cited for
At page 1352 Jurisdictional limits of the court of federal claims64 citing casesthe Claims Court does not have jurisdiction to review the decisions of federal district courts5 citing courts put it this way · 63 listed here
  • Moran v. United States, No. 25-1432 (Fed. Cl. July 20, 2026).published
    (the Claims Court does not have jurisdiction to review the decisions of federal district courts)
  • Joiner v. United States, No. 22-1882 (Fed. Cl. Mar. 15, 2023).unpublished
    ([T]he Court of Federal Claims does not have jurisdiction to review the decisions of district courts.)
  • Jackson v. United States, No. 22-547 (Fed. Cl. Sept. 19, 2022).published
    ([T]he Court of Federal Claims does not have jurisdiction to review the decisions of district courts.)
  • Tanasescu v. United States, No. 21-1289, 2021 WL 2010295 (Fed. Cl. May 19, 2021).unpublished
    (The proper forum for appellants’ challenges to the bankruptcy trustees’ actions therefore lies in the Ninth Circuit, not the Court of Federal Claims.)
  • Buy Belize, LLC v. United States, No. 24-2352 (Fed. Cir. Mar. 12, 2026).unpublished
    “as we stated in joshua v. united states, 17 f.3d 378 , 380 case: 24-2352 document: 44 page: 4 filed: 03/12/2026 (fed. cir. 1994), 'the court of federal claims does not have jurisdiction to review the decisions of distri…”
  • Bracken v. United States, No. 25-2192 (Fed. Cl. July 1, 2026).published
    “require[] the court to ‘scrutinize the actions’ of another tribunal”
  • Bass v. United States, No. 25-1411 (Fed. Cl. June 2, 2026).published
    Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed. Cir. 2001).
  • Burton v. United States, No. 25-1598 (Fed. Cl. Nov. 20, 2025).unpublished
    Cir. 2001) (quoting Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Williams v. United States, No. 25-498 (Fed. Cl. Nov. 5, 2025).published
    Cir. 2001) (quoting Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Williams v. United States, No. 25-1311 (Fed. Cl. Aug. 18, 2025).unpublished
    See Shinnecock Indian Nation v. United States, 782 F.3d 1345, 1352 (Fed. Cir. 2015); Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed. Cir. 2001).
Show 53 more citing cases
  • Johnson v. United States, No. 25-603 (Fed. Cl. Apr. 8, 2025).unpublished
    Cir. 2015); Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Jefferson v. United States, No. 25-302, 2025 WL 666186 (Fed. Cl. Feb. 28, 2025).unpublished
    Cir. 2001) (quoting Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Miles v. United States, No. 24-1932 (Fed. Cl. Feb. 7, 2025).unpublished
    Id. (quoting Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Lewis v. United States, No. 24-1838 (Fed. Cl. Dec. 4, 2024).unpublished
    Cir. 2001) 4 (“[T]he Court of Federal Claims cannot entertain a . . . claim that requires the court to ‘scrutinize the actions of’ another tribunal.’” (quoting Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Wilson v. United States, No. 24-335 (Fed. Cl. Oct. 16, 2024).published 2 cites
    Id. at 1352 (marks omitted).
  • Doiban v. United States, No. 24-809 (Fed. Cl. Oct. 15, 2024).published
    Moreover, the “Court of Federal Claims cannot entertain a taking claim that requires the court to ‘scrutinize the actions of’ another tribunal.” Vereda, Ltda. v. United States, 271 F.3d 1367, 1375 (Fed. Cir. 2001) (quoting Allustiarte v. U…
  • Hirschfield v. United States, No. 24-1338 (Fed. Cir. May 3, 2024).unpublished 2 cites
    Petro-Hunt, L.L.C. v. United States, 862 F.3d 1370 , 1384-85 (Fed. Cir. 2017); Shinnecock Indian Nation v. United States, 782 F.3d 1345, 1352 (Fed. Cir. 2015); Vereda, Ltda. v. United States, 271 F.3d 1367, 1375 (Fed. Cir. 2001); Allustiar…
  • Gray v. United States, No. 23-1955 (Fed. Cir. Apr. 5, 2024).unpublished
    Next, the court explained that “[t]he Court of Federal Claims does not have jurisdiction over cases sounding in bankruptcy.” Id. (citing Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed. Cir. 2001)).
  • Finn v. United States, No. 22-1797 (Fed. Cl. Apr. 12, 2023).unpublished
    “does not have jurisdiction to review the decisions of district courts”
  • Ottinger v. United States, No. 22-804 (Fed. Cl. Feb. 22, 2023).published
    The Court of Federal Claims lacks jurisdiction to review the decisions of federal district courts and courts of appeals, and thus cannot entertain claims that “require[] the court to ‘scrutinize the actions’ of another tribunal.” 8 Allusti…
  • Hastings v. United States, No. 22-2073 (Fed. Cir. Nov. 14, 2022).unpublished
    Petro-Hunt, L.L.C. v. United States, 862 F.3d 1370 , 1384-85 (Fed. Cir. 2017); Shinnecock Indian Nation v. United States, 782 F.3d 1345, 1352 (Fed. Cir. 2015); Vereda, Ltda. v. United States, 271 F.3d 1367, 1375 (Fed. Cir. 2001); Allustiar…
  • Montero v. United States, No. 22-484 (Fed. Cl. Aug. 26, 2022).published
    “This means that the Court of Federal Claims cannot entertain a taking claim that requires the court to ‘scrutinize the actions of’ another tribunal.” Vereda, 271 F.3d at 1375 (quoting Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Podlucky v. United States, No. 21-1634, 2021 WL 6058866 (Fed. Cl. Dec. 22, 2021).unpublished
    Peters v. United States, 149 Fed. Cl. 781 , 790 (2020) (“Because [the plaintiff] is asking this court to enforce a decision of a Federal District Court and the United States Court of Federal Claims does not have jurisdiction to review a Fe…
  • Tanasescu v. United States, No. 21-2117 (Fed. Cir. Dec. 7, 2021).unpublished 2 cites
    (noting that the “proper forum for appellants’ challenges to the bankruptcy trustees’ actions [which were approved by the bankruptcy court] . . . lies in the Ninth Circuit, not the Court of Federal Claims)
  • Straw v. United States, 4 F.4th 1358 (Fed. Cir. 2021).published
    (To permit collateral attacks on bankruptcy court judgments would ‘seriously undercut[] the or- derly process of the law. . . . The proper forum for appellants’ challenges to the bankruptcy trustees’ actions therefore l…)
  • Vanover v. United States, No. 20-1530 (Fed. Cl. Apr. 23, 2021).unpublished
    Defendant argues this 9 court does not “possess the power to review or to overturn convictions, or to review in detail the facts surrounding a conviction or imprisonment.” As explained by the United States Court of Appeals for the Federal…
  • Acadiana Mgmt. Grp., LLC v. United States, No. 19-496 (Fed. Cl. Nov. 30, 2020).published 2 cites
    Cf. Allustiarte, 256 F.3d at 1351 (reasoning that reviewing a takings claim premised on the actions approved by a bankruptcy court constituted an improper collateral attack on that court’s judgment).
  • Peters v. United States, No. 20-605 (Fed. Cl. Aug. 28, 2020).published
    “Binding precedent establishes that the Court of Federal Claims has no jurisdiction to review the merits of a decision rendered by a federal district court.” Shinnecock Indian Nation v. United States, 782 F.3d 1345, 1352 (Fed. Cir. 2015) (…
  • Stone v. United States, No. 19-1361 (Fed. Cl. Sept. 12, 2019).unpublished
    Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed. Cir. 2001).
  • Petro-Hunt, L.L.C. v. United States, 862 F.3d 1370 (Fed. Cir. 2017).published 2 cites
    Cir. 2001) (“[T]he Court of Federal Claims cannot entertain a taking claim that requires the court to ‘scrutinize the actions of another tribunal.” (quoting Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Portnov v. United States, No. 17-672, 2017 WL 2295001 (Fed. Cl. May 25, 2017).unpublished
    Cir. 2001) (“[T]he Court of Federal Claims cannot entertain a taking claim that requires the court to ‘scrutinize the actions of another tribunal.” (quoting Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.
  • Ivaldy v. United States, 655 F. App'x 813 (Fed. Cir. 2016).unpublished
    (bankruptcy court)
  • Milgroom v. United States, 651 F. App'x 1001 (Fed. Cir. 2016).unpublished
    Shinnecock Indian Nation v. United States, 782 F.3d 1345, 1352-53 (Fed.Cir.2015) (district court); Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.Cir.2001) (bankruptcy court); see also Milgroom, 122 Fed.Cl. at 801-02 (collecting ca…
  • Petro-Hunt, L.L.C. v. United States, No. 11-775 (Fed. Cl. Apr. 26, 2016).published 6 cites
    Cir. 2001) (“[T]he Court of Federal Claims cannot entertain a taking claim that requires the court to scrutinize the actions of another tribunal.” (internal quotation marks omitted)); Allustiarte v. United States, 256 F.3d at 1352 (“‘[T]he…
  • Petro-Hunt, L.L.C. v. United States, 126 Fed. Cl. 367 (Fed. Cl. 2016).published 7 cites
    (finding that the court lacked jurisdiction over a judicial takings claim)
  • Ivaldy v. United States, 123 Fed. Cl. 633 (Fed. Cl. 2015).published 2 cites
    The government argues that this court lacks jurisdiction to hear Mr. Ivaldy’s takings claim because it would require the court to review the actions of other federal courts and this court does not have jurisdiction to “entertain a taking c…
  • Potter v. United States, 121 Fed. Cl. 168 (Fed. Cl. 2015).unpublished
    Shinnecock Indian Nation v. United States, 782 F.3d 1345, 1352 (Fed.Cir.2015) (“Binding precedent establishes that the Court of Federal Claims has no jurisdiction to review the merits of a decision rendered by a federal district court.”) (…
  • Shinnecock Indian Nation v. United States, 782 F.3d 1345 (Fed. Cir. 2015).published 5 cites
    The situation presented here parallels that presented in Allustiarte, 256 F.3d at 1351-53.
  • Mooney v. United States, No. 19-987 (Fed. Cl. Aug. 27, 2019).unpublished
  • Smith v. United States, 164 F. App'x 995 (Fed. Cir. 2006).unpublished
  • Jones v. United States, 440 F. App'x 916 (Fed. Cir. 2011).unpublished
  • Vereda, Ltda. v. United States, 271 F.3d 1367 (Fed. Cir. 2001).published
  • Boise Cascade Corp. v. United States, 296 F.3d 1339 (Fed. Cir. 2002).published
  • Jordan M. Meschkow v. United States, 109 Fed. Cl. 637 (Fed. Cl. 2013).published
  • Shinnecock Indian Nation v. United States, 112 Fed. Cl. 369 (Fed. Cl. 2013).published
  • Martl v. United States, No. 1:14-cv-00391 (Fed. Cl. May 13, 2014).unpublished
  • Stanford v. United States, 125 Fed. Cl. 570 (Fed. Cl. 2016).published
  • Lord Noble Kato Bakari El v. United States, 127 Fed. Cl. 700 (Fed. Cl. 2016).published
  • Flynn v. United States, No. 20-461 (Fed. Cl. Apr. 24, 2020).unpublished
  • Yates v. United States, No. 20-169 (Fed. Cl. Sept. 18, 2020).published
  • Parrott v. United States, No. 22-147 (Fed. Cl. June 27, 2022).unpublished
  • Smith v. United States, 51 Fed. Cl. 36 (Fed. Cl. 2001).published
  • Innovair Aviation, Ltd. v. United States, 51 Fed. Cl. 569 (Fed. Cl. 2002).published
  • Bailey v. United States, 54 Fed. Cl. 459 (Fed. Cl. 2002).published
  • Garcia Carranza v. United States, 67 Fed. Cl. 106 (Fed. Cl. 2005).published
  • Brace v. United States, 72 Fed. Cl. 337 (Fed. Cl. 2006).published
  • Simons v. United States, 74 Fed. Cl. 709 (Fed. Cl. 2006).published
  • Edelmann v. United States, 76 Fed. Cl. 376 (Fed. Cl. 2007).published
  • Black v. United States, 84 Fed. Cl. 439 (Fed. Cl. 2008).published
  • Hernandez v. United States, 96 Fed. Cl. 195 (Fed. Cl. 2010).published
  • Marcum LLP v. United States, 112 Fed. Cl. 167 (Fed. Cl. 2013).published
  • Dinh v. United States, No. 22-725 (Fed. Cl. June 5, 2023).published
  • Everett v. United States, No. 26-908 (Fed. Cl. July 1, 2026).unpublished
At page 1351 Limiting federal courts' jurisdiction over bankruptcy court actions25 citing cases“an allegedly improper action by a bankruptcy trustee that was approved by a ninth circuit bankruptcy court”3 citing courts quote it
  • Wilson v. United States, No. 24-335 (Fed. Cl. Oct. 16, 2024).published 2 cites
    Id. at 1352 (marks omitted).
  • Amir v. United States, No. 20-1045 (Fed. Cl. Sept. 16, 2021).published
    Cir. 2019), cert. denied, 141 S. Ct. 444 (2020) (mem.); Allustiarte v. United States, 256 F.3d 1349, 1351-52 (Fed.
  • Amir v. United States, No. 20-1045 (Fed. Cl. July 15, 2021).published 3 cites
    E.g., Campbell v. United States, 932 F.3d 1331, 1340 (Fed. Cir. 2019), cert. denied, 141 S. Ct. 444 (2020) (mem.); Allustiarte v. United States, 256 F.3d 1349, 1351-52 (Fed. Cir. 2001).
  • Acadiana Mgmt. Grp., LLC v. United States, No. 19-496 (Fed. Cl. Nov. 30, 2020).published 2 cites
    (reasoning that reviewing a takings claim premised on the actions approved by a bankruptcy court constituted an improper collateral attack on that court’s judgment)
  • Cacciapalle v. United States, 143 S. Ct. 563 (Fed. Cl. 2020).published
    As the Federal Circuit noted recently: “It is well established that the Claims Court ‘cannot entertain a taking[s] claim that requires the court to scrutinize the actions of another tribunal.’” Campbell v. United States, 932 F.3d 1331, 134…
  • Rajapakse v. United States, No. 19-317 (Fed. Cl. Sept. 16, 2019).unpublished
    Cir. 2019) (citations omitted); Allustiarte v. United States, 256 F.3d 1349, 1351-52 (Fed.
  • Campbell v. United States, 932 F.3d 1331 (Fed. Cir. 2019).published 2 cites
    (second alteration in original)
  • Campbell v. United States, 134 Fed. Cl. 764 (Fed. Cl. 2017).published 2 cites
    To the extent that plaintiffs’ complaint could be read to include such an allegation, the court finds that the injunctive relief provided New GM by the Sale Order could not have effected a judicial taking under the binding precedent of All…
  • Stanwyck v. United States, 127 Fed. Cl. 308 (Fed. Cl. 2016).published 2 cites
    Def.’s Mot. at 6 (citing Allustiarte v. United States, 256 F.3d 1349, 1351-52 (Fed.
  • Petro-Hunt, L.L.C. v. United States, No. 11-775 (Fed. Cl. Apr. 26, 2016).published 6 cites
    Cir. 2001) (“[T]he Court of Federal Claims cannot entertain a taking claim that requires the court to scrutinize the actions of another tribunal.” (internal quotation marks omitted)); Allustiarte v. United States, 256 F.3d at 1352 (“‘[T]he…
Show 15 more citing cases
At page 1350 Jurisdiction of federal claims court over bankruptcy decisions8 citing cases[T]he Court of Federal Claims does not have jurisdiction to review decisions of federal bankrnptcy courts.1 citing court put it this way · 7 listed here
As we stated in Joshua v. United States, 17 F.3d 378 , 380 Case: 24-2352 Document: 44 Page: 4 Filed: 03/12/2026 (Fed. Cir. 1994), ‘the Court of Federal Claims does not have jurisdiction to review the decisions of district courts.’no pin page on record · 2 citing cases listed
  • Buy Belize, LLC v. United States, No. 24-2352 (Fed. Cir. Mar. 12, 2026).unpublished
    (As we stated in Joshua v. United States, 17 F.3d 378 , 380 Case: 24-2352 Document: 44 Page: 4 Filed: 03/12/2026 (Fed. Cir. 1994), ‘the Court of Federal Claims does not have jurisdiction to review the decisions of distr…)
  • Rolle v. United States, No. 17-1163 (Fed. Cl. May 24, 2018).unpublished
    ([T]he Court of Federal Claims does not have jurisdiction to review the decisions of district courts.)
At page 1349 “the comi of federal claims does not have jurisdiction to review the decisions of district courts.”1 citing case2 citing courts quote it
  • Rolle v. United States, No. 17-1163 (Fed. Cl. May 24, 2018).unpublished
    “the court of federal claims does not have jurisdiction to review the decisions of district courts.”
Retrieving the full opinion text from the archive…
Ben W. ALLUSTIARTE, Benjamin Allustiarte, Gayle Allustiarte, Linda A. Allustiarte, William J. Connolly, Ruth F. Howard, James D. Huffer, Karin Huffer, John L. Johnston, Raj Kumar, Charles G. Milden, Susan P. Milden, Marianne A. Pack, Frances Palmer, Robert Palmer, and Western Investors Group, Inc.
v.
United States
No. 00-5112.
Court of Appeals for the Federal Circuit.
Jul 16, 2001.
Published opinion
256 F.3d 1349
2001 WL 793100
2001 U.S. App. LEXIS 15809
William T. Barrante, of Watertown, CT, argued for plaintiffs-appellants., Katherine J. Barton, Attorney, Environment and Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Lois J. Schiffer, Assistant Attorney General; John A. Bryson, and Susan V. Cook, Attorneys.
Schall.
Cited by 36 opinions  |  Published
2 passages pin-cited by 2 cases
Citer courts: Federal Claims (2)
SCHALL, Circuit Judge.

This is an appeal from the decision of the United States Court of Federal Claims that dismissed appellants’ complaint against the United States for lack of subject matter jurisdiction. Allustiarte v. United States, 46 Fed.Cl. 713 (2000). The court determined that it did not have jurisdiction to consider appellants’ allegations “that the actions approved by the bankruptcy courts [of the Ninth Circuit] resulted in takings ... in violation of the Fifth Amendment to the Constitution.” Id. at 716. Because the Court of Federal Claims does not have jurisdiction to review decisions of federal bankruptcy courts, we affirm.

BACKGROUND

Appellants were involved in bankruptcy proceedings in bankruptcy courts in the Ninth Circuit. Appellants sued the United States in the Court of Federal Claims, asserting in their complaint that the “improprieties in certain actions of the Bankruptcy Courts in the Ninth Circuit .... constituted a taking without just compensation in violation of the Fifth Amendment to the United States Constitution.” Appellants Ben W. Allustiarte, Linda M. Allust-iarte, William J. Connolly, Ruth F. Howard, James D. Huffer, Karin Huffer, John L. Johnston, Raj Kumar, Charles G. Mil-den, Susan P. Milden, and Western Investors Group, Inc. were debtors who filed for bankruptcy. These appellants allege that court-appointed bankruptcy trustees sold their assets for less than they were worth or otherwise handled their property in a manner that diminished their estates. Appellants Benjamin Allustiarte, Gayle Al-lustiarte, and Marianne A. Pack allege that a bankruptcy trustee wrongfully included[*1351] their property in the bankruptcy estates of Ben W. Allustiarte and Linda M. Allust-iarte. Appellants Robert Palmer and Frances Palmer are creditors who allege in one count that a court-appointed bankruptcy trustee awarded their interest in a bankruptcy debtor’s property to another party, and who allege in another count that a bankruptcy trustee awarded them too little in their action against a bankruptcy debtor. Appellants assert that the losses they suffered as a result of the bankruptcy courts’ approval of the actions of the bankruptcy trustees constitute takings for which they are entitled to just compensation.

The government moved the Court of Federal Claims to dismiss appellants’ complaint for lack of subject matter jurisdiction. In granting the government’s motion, the court noted that it could find no precedent “in which the discretionary actions of a Bankruptcy Court judge [were found to] constitute a taking under the Fifth Amendment.” Allustiarte, 46 Fed.Cl. at 716. Appellants had cited Louisville Joint Stock Land Bank v. Radford, 295 U.S. 555, 55 S.Ct. 854, 79 L.Ed. 1593 (1935), United States v. Security Industrial Bank, 459 U.S. 70, 103 S.Ct. 407, 74 L.Ed.2d 235 (1982), and Shanghai Power Co. v. United States, 4 Cl.Ct. 237 (1983), aff'd, 765 F.2d 159 (Fed.Cir.1985) (unpublished table decision), to support their position. However, the court determined that while those cases acknowledged that amendments to the bankruptcy laws, if retroactive in nature, “could violate the Takings Clause of the Fifth Amendment,” they did not “support [appellants’] theory that the discretionary actions of a bankruptcy judge can result in a ... taking.” Id. at 717-18.

The court also recognized that it “does not have jurisdiction to review decisions issued during the normal course of bankruptcy proceedings.” Id. at 718. Instead, “[r]elief from [such] judgments may be found in timely appeals to the appropriate federal district courts, Circuit Courts of Appeal and ultimately to apply for certio-rari to the United States Supreme Court.” Id. The court therefore dismissed appellants’ complaint for lack of jurisdiction. Our jurisdiction over the appeal of the dismissal is provided by 28 U.S.C. § 1295(a)(3) (1994).

DISCUSSION

The subject matter jurisdiction of the Court of Federal Claims is a question of law that we review de novo. First Hartford Corp. Pension Plan & Trust v. United States, 194 F.3d 1279, 1286-87 (Fed.Cir.1999). The court here correctly determined that it lacks jurisdiction over appellants’ challenges to the actions of the Ninth Circuit bankruptcy courts.

Each appellant’s takings claim is based on an allegedly improper action by a bankruptcy trustee that was approved by a Ninth Circuit bankruptcy court. Appellants admit that the judgments of the bankruptcy courts were authorized by the applicable bankruptcy laws. They contend that they are not asking the Court of Federal Claims to review those judgments. However, in order for the court to entertain appellants’ takings claims, it would have to determine whether appellants suffered a categorical taking of their property at the hands of the bankruptcy trustees and courts, or whether the courts’ and trustees’ actions defeated their reasonable, investment-backed expectations. See, e.g., Rith Energy, Inc. v. United States, 247 F.3d 1355, 1362 (Fed.Cir.2001) (explaining that a regulatory scheme may effect one of two types of takings: a categorical taking that deprives the property owner of all economically viable use of the property, or a non-categorical taking that defeats the property owner’s reasonable, investment-backed expectations). Such a determiná[*1352]tion would require the court to scrutinize the actions of the bankruptcy trustees and courts.

As we stated in Joshua v. United States, 17 F.3d 378, 380 (Fed.Cir.1994), “the Court of Federal Claims does not have jurisdiction to review the decisions of district courts.” Moreover, the Supreme Court has stated that if a party is “dissatisfied with the Bankruptcy Court’s ultimate decision, [it] can appeal ‘to the district court for the judicial district in which the bankruptcy judge is serving,’ and then to the Court of Appeals.” Celotex Corp. v. Edwards, 514 U.S. 300, 313, 115 S.Ct. 1493, 131 L.Ed.2d 403 (1995) (quoting 28 U.S.C. § 158(a) and citing 28 U.S.C. § 158(d)) (internal citations omitted). To permit collateral attacks on bankruptcy court judgments would “seriously undercut! ] the orderly process of the law.” Id. The proper forum for appellants’ challenges to the bankruptcy trustees’ actions therefore lies in the Ninth Circuit, not the Court of Federal Claims.[1]

Appellants cite Preseault v. Interstate Commerce Commission, 494 U.S. 1, 110 S.Ct. 914, 108 L.Ed.2d 1 (1990), for the proposition that the availability of appellate review in the Ninth Circuit does not preclude their ability to bring a takings claim in the Court of Federal Claims. The petitioners in Preseault had challenged the constitutionality of a statute, alleging that it effected a taking of their property. Id. at 10, 110 S.Ct. 914. The Second Circuit denied their challenge, and the Supreme Court affirmed that decision. Id. The Supreme Court determined, however, that the petitioners could bring suit in the United States Claims Court (the predecessor to the Court of Federal Claims) to seek compensation for the alleged taking. Id. at 11-17, 110 S.Ct. 914. The petitioners did so and, in due course, this court determined that they had suffered a taking for which they were entitled to just compensation. Preseault v. United States, 100 F.3d 1525, 1552 (Fed.Cir.1996).

Appellants analogize their situation to that of the petitioners in Preseault: Like the Preseaults, who pursued an appeal to the Second Circuit, appellants availed themselves of the judicial review available in the Ninth Circuit, and, like the Pre-seaults, who were permitted to subsequently pursue a takings claim in the Court of Federal Claims, appellants now seek to pursue their takings claims in the Court of Federal Claims. The claims litigated in Preseault, however, are quite distinct from appellants’ claims. First, the Preseaults’ Second Circuit appeal challenged the constitutionality of a statute under the Takings Clause of the Fifth Amendment; appellants’ Ninth Circuit proceedings challenged the actions of the bankruptcy trustees under the bankruptcy laws. Second, the Preseaults’ takings claim in the Court of Federal Claims was based on the operation of the statute whose constitutionality they had unsuccessfully challenged in the Second Circuit and the Supreme Court; appellants’ takings claims are based on the bankruptcy courts’ approval of the actions of the bankruptcy trustees. Nothing in Preseault suggests that appellants can bring such takings claims in the Court of Federal Claims.

CONCLUSION

For the foregoing reasons, the decision of the Court of Federal Claims dismissing[*1353] appellants’ complaint for lack of subject matter jurisdiction is

AFFIRMED.

1

Some appellants here did pursue judicial review in the Ninth Circuit. See, e.g., In re Allnstiarte, 786 F.2d 910 (9th Cir.1986); In re Allustiarte, 884 F.2d 1394 (9th Cir.1989) (unpublished table decision); In re Connolly, 141 F.3d 1174 (9th Cir.1998) (unpublished table decision); Johnston v. Jem Devel. Co., 149 B.R. 158 (B.A.P. 9th Cir.1992); In re Milden, 111 F.3d 138 (9th Cir.1997) (unpublished table decision).