28 U.S.C. § 158

Appeals

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(a) The district courts of the United States shall have jurisdiction to hear appeals 11 So in original. Probably should be followed by a dash.(1) from final judgments, orders, and decrees;(2) from interlocutory orders and decrees issued under section 1121(d) of title 11 increasing or reducing the time periods referred to in section 1121 of such title; and(3) with leave of the court, from other interlocutory orders and decrees;of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title. An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving.(b)(1) The judicial council of a circuit shall establish a bankruptcy appellate panel service composed of bankruptcy judges of the districts in the circuit who are appointed by the judicial council in accordance with paragraph (3), to hear and determine, with the consent of all the parties, appeals under subsection (a) unless the judicial council finds that—(A) there are insufficient judicial resources available in the circuit; or(B) establishment of such service would result in undue delay or increased cost to parties in cases under title 11.Not later than 90 days after making the finding, the judicial council shall submit to the Judicial Conference of the United States a report containing the factual basis of such finding.(2)(A) A judicial council may reconsider, at any time, the finding described in paragraph (1).(B) On the request of a majority of the district judges in a circuit for which a bankruptcy appellate panel service is established under paragraph (1), made after the expiration of the 1-year period beginning on the date such service is established, the judicial council of the circuit shall determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists.(C) On its own motion, after the expiration of the 3-year period beginning on the date a bankruptcy appellate panel service is established under paragraph (1), the judicial council of the circuit may determine whether a circumstance specified in subparagraph (A) or (B) of such paragraph exists.(D) If the judicial council finds that either of such circumstances exists, the judicial council may provide for the completion of the appeals then pending before such service and the orderly termination of such service.(3) Bankruptcy judges appointed under paragraph (1) shall be appointed and may be reappointed under such paragraph.(4) If authorized by the Judicial Conference of the United States, the judicial councils of 2 or more circuits may establish a joint bankruptcy appellate panel comprised of bankruptcy judges from the districts within the circuits for which such panel is established, to hear and determine, upon the consent of all the parties, appeals under subsection (a) of this section.(5) An appeal to be heard under this subsection shall be heard by a panel of 3 members of the bankruptcy appellate panel service, except that a member of such service may not hear an appeal originating in the district for which such member is appointed or designated under section 152 of this title.(6) Appeals may not be heard under this subsection by a panel of the bankruptcy appellate panel service unless the district judges for the district in which the appeals occur, by majority vote, have authorized such service to hear and determine appeals originating in such district.(c)(1) Subject to subsections (b) and (d)(2), each appeal under subsection (a) shall be heard by a 3-judge panel of the bankruptcy appellate panel service established under subsection (b)(1) unless—(A) the appellant elects at the time of filing the appeal; or(B) any other party elects, not later than 30 days after service of notice of the appeal;to have such appeal heard by the district court.(2) An appeal under subsections (a) and (b) of this section shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts and in the time provided by Rule 8002 of the Bankruptcy Rules.(d)(1) The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments, orders, and decrees entered under subsections (a) and (b) of this section.(2)(A) The appropriate court of appeals shall have jurisdiction of appeals described in the first sentence of subsection (a) if the bankruptcy court, the district court, or the bankruptcy appellate panel involved, acting on its own motion or on the request of a party to the judgment, order, or decree described in such first sentence, or all the appellants and appellees (if any) acting jointly, certify that—(i) the judgment, order, or decree involves a question of law as to which there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance;(ii) the judgment, order, or decree involves a question of law requiring resolution of conflicting decisions; or(iii) an immediate appeal from the judgment, order, or decree may materially advance the progress of the case or proceeding in which the appeal is taken;and if the court of appeals authorizes the direct appeal of the judgment, order, or decree.(B) If the bankruptcy court, the district court, or the bankruptcy appellate panel—(i) on its own motion or on the request of a party, determines that a circumstance specified in clause (i), (ii), or (iii) of subparagraph (A) exists; or(ii) receives a request made by a majority of the appellants and a majority of appellees (if any) to make the certification described in subparagraph (A);then the bankruptcy court, the district court, or the bankruptcy appellate panel shall make the certification described in subparagraph (A).(C) The parties may supplement the certification with a short statement of the basis for the certification.(D) An appeal under this paragraph does not stay any proceeding of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken, unless the respective bankruptcy court, district court, or bankruptcy appellate panel, or the court of appeals in which the appeal is pending, issues a stay of such proceeding pending the appeal.(E) Any request under subparagraph (B) for certification shall be made not later than 60 days after the entry of the judgment, order, or decree.(Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 341; amended Pub. L. 101–650, title III, § 305, Dec. 1, 1990, 104 Stat. 5105; Pub. L. 103–394, title I, §§ 102, 104(c), (d), Oct. 22, 1994, 108 Stat. 4108–4110; Pub. L. 109–8, title XII, § 1233(a), Apr. 20, 2005, 119 Stat. 202; Pub. L. 111–327, § 2(c)(1), Dec. 22, 2010, 124 Stat. 3562.)Editorial NotesReferences in Text

The Bankruptcy Rules, referred to in subsec. (c)(2), are set out in the Appendix to Title 11, Bankruptcy.

Amendments

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.

Statutory Notes and Related SubsidiariesEffective Date of 2005 Amendment

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.

Effective Date of 1994 Amendment

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.

Procedural Rules

Pub. L. 109–8, title XII, § 1233(b), Apr. 20, 2005, 119 Stat. 203, provided that:“(1)Temporary application.—A provision of this subsection shall apply to appeals under section 158(d)(2) of title 28, United States Code, until a rule of practice and procedure relating to such provision and such appeals is promulgated or amended under chapter 131 of such title.“(2)Certification.—A district court, a bankruptcy court, or a bankruptcy appellate panel may make a certification under section 158(d)(2) of title 28, United States Code, only with respect to matters pending in the respective bankruptcy court, district court, or bankruptcy appellate panel.“(3)Procedure.—Subject to any other provision of this subsection, an appeal authorized by the court of appeals under section 158(d)(2)(A) of title 28, United States Code, shall be taken in the manner prescribed in subdivisions (a)(1), (b), (c), and (d) of rule 5 of the Federal Rules of Appellate Procedure. For purposes of subdivision (a)(1) of rule 5—“(A) a reference in such subdivision to a district court shall be deemed to include a reference to a bankruptcy court and a bankruptcy appellate panel, as appropriate; and“(B) a reference in such subdivision to the parties requesting permission to appeal to be served with the petition shall be deemed to include a reference to the parties to the judgment, order, or decree from which the appeal is taken.“(4)Filing of petition with attachment.—A petition requesting permission to appeal, that is based on a certification made under subparagraph (A) or (B) of section 158(d)(2) shall—“(A) be filed with the circuit clerk not later than 10 days after the certification is entered on the docket of the bankruptcy court, the district court, or the bankruptcy appellate panel from which the appeal is taken; and“(B) have attached a copy of such certification.“(5)References in rule 5.—For purposes of rule 5 of the Federal Rules of Appellate Procedure—“(A) a reference in such rule to a district court shall be deemed to include a reference to a bankruptcy court and to a bankruptcy appellate panel; and“(B) a reference in such rule to a district clerk shall be deemed to include a reference to a clerk of a bankruptcy court and to a clerk of a bankruptcy appellate panel.“(6)Application of rules.—The Federal Rules of Appellate Procedure shall apply in the courts of appeals with respect to appeals authorized under section 158(d)(2)(A), to the extent relevant and as if such appeals were taken from final judgments, orders, or decrees of the district courts or bankruptcy appellate panels exercising appellate jurisdiction under subsection (a) or (b) of section 158 of title 28, United States Code.”

Notes of Decisions

Cited in 13,742 cases (2,413 in the last 5 years), 1962–2026 · leading case: Robert Ranta v. Thomas Gorman

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Robert Ranta v. Thomas Gorman (2013) ca4 · cites it 43× “The Trustee opposed the motion, arguing that the appeal did not meet the criteria for interlocutory appeal under 28 U.S.C. § 158 (a)(3). Without addressing the basis for its jurisdiction or the motion for leave to file, the district court affirmed the bankruptcy court’s denial…”

Blausey v. U.S. Trustee (2009) ca9 · cites it 44× “The Blauseys appealed directly to this court under 28 U.S.C. § 158 (d)(2), a BAPCPA provision authorizing direct appeal from the bankruptcy courts to the courts of appeals.”

Eden Place v. Sholem Perl (2016) ca9 · cites it 12× “See 28 U.S.C. § 158 (d). In determining what constitutes an appealable order in bankruptcy proceedings, we have adopted a “pragmatic approach.”

Wilkins v. Menchaca (In Re Wilkins) (2018) bap9 · cites it 14× “Embedded within these jurisdictional grants at subsection (c)(2), the statute provides: An appeal under subsections (a) and (b) of this section shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts…”

Belli v. Temkin (In Re Belli) (2001) bap9 · cites it 16× “Whether there is appellate jurisdiction “as of right,” under 28 U.S.C. § 158 (a)(1), over an order granting partial summary judgment in an adversary proceeding without a Rule 54(b) certification.”

In Re Turner (2009) ca7 · cites it 16× “The appellant was required to file a notice of appeal in the bankruptcy court within 30 days after that court's decision; either that court or all the parties to the potential appeal had to certify that the ruling sought to be appealed satisfied criteria set forth in 28 U.S.C. §…”

Gary Ozenne v. Chase Manhattan Bank (2016) ca9 · cites it 50× “The court held that the BAP lacked jurisdiction under the All Writs Act because the BAP, which is established by the circuit judicial council pursuant to 28 U.S.C. § 158 (b)(1), is not one of the “courts established by Act of Congress.”

Gugliuzza v. Federal Trade Commission (2017) ca9 · cites it 8× “” 4 28 U.S.C. § 158 (a). Section 158(a) also gives district courts, sitting in an appellate capacity, jurisdiction over “interlocutory orders and decrees.”

In Re Energy Future Holdings Corp. (2018) ca3 · cites it 6× “NextEra then filed a timely appeal of the Bankruptcy Court’s decision, and this Court agreed to hear the appeal directly and on an expedited basis pursuant to 28 U.S.C. § 158 (d)(2). II. JURISDICTION The Bankruptcy Court had jurisdiction under 28 U.”

Rene R. Ortiz v. Aurora Health Care (2011) ca7 · cites it 13× “Aurora joined in the debtors’ motions for certification of a direct appeal under 28 U.S.C. § 158 (d)(2), which gives us jurisdiction over appeals that would normally go to the district court under 28 U.”

Ritzen Grp., Inc. v. Jackson Masonry, LLC (In Re Jackson Masonry, LLC) (2018) ca6 · cites it 8× “28 U.S.C. § 158 (a). An order denying stay relief terminates a proceeding, so it is final.”

Ritzen Group, Inc. v. Jackson Masonry, LLC (2020) scotus · cites it 3× “district courts from decisions of bankruptcy courts is 28 U.S.C. § 158 (a). Under that provision, an appeal of right lies from "final judgments, orders, and decrees" entered by bankruptcy courts "in cases and proceedings.”

Show all 13,742 citing cases →

— 28 U.S.C. § 158(a) — 22 cases

In Re Delores C. Brown, Debtor v. Pennsylvania State Employees Credit Union (1988) ca3

Baron & Budd, P.C. v. Unsecured Asbestos Committee (2005) njd

In the Matter of Kenneth W. Smith, Debtor. Appeal of State of Indiana (1988) ca7

National Sign & Signal v. Livingston (In Re Livingston) (2007) miwb

Evalyn PREBLICH, Appellant, v. Kenneth BATTLEY, Appellee (1999) ca9

— 28 U.S.C. § 158(a)(1) — 25 cases

Simon v. Amir (In Re Amir) (2010) bap6

In re Motions Seeking Access to 2019 Statements (2018) ded

Wachovia Bank National Ass'n v. WL Homes LLC (2013) ca3

J. Bird v. Lynn Wardley (2024) bap10

In re: Woodbridge Group of Companies, LLC (2019) ded

— 28 U.S.C. § 158(a)(2) — 2 cases

Johnson v. State of Maryland Central Collection Unit (2020) mdd

State of Maryland Central Collection Unit v. Johnson, Jr. (2020) mdb

— 28 U.S.C. § 158(a)(3) — 4 cases

Wright v. Csabi (In re Wright) (2017) txsb

Estancias La Ponderosa Development Corp. v. Harrington (1996) prd

Select Portfolio Servicing Inc v. Holt (2023) alnd

ANR Coal Co., Inc. v. Money (1998) vawd

— 28 U.S.C. § 158(b) — 4 cases

Missouri v. Spencer (In re Spencer) (2016) bap8

Foley Co. v. Aetna Casualty & Surety Co. (In Re S & M Constructors, Inc.) (1992) mowb

Edwards v. City of Ferguson, Corp. (In re Edwards) (2019) bap8

Teresa Edwards v. The City of Ferguson (2019) bap8

— 28 U.S.C. § 158(b)(1) — 1 case

National Sign & Signal v. Livingston (In Re Livingston) (2007) miwb

— 28 U.S.C. § 158(c)(2) — 6 cases

In re Jackson (2018) bap6

Smith v. Jemcap Funding LLC (2020) nyed

IN RE: PIERRE AND MARIE BEAUDOUIN (2020) paed

CATERBONE (2021) paed

— 28 U.S.C. § 158(d) — 8 cases

In Re William and Vesta Prines, Debtors. United States Trustee v. William Prines, Iii, Vesta L. Prines, D/B/A Creative C (1989) ca8

In the Matter Of: Glenda Marie Morrell, Debtor. Calcasieu Marine National Bank v. Glenda Marie Morrell (1989) ca5

Lothian Oil (USA), Inc. v. Sokol (2013) ca2

Okin Adams & Kilmer, L.L.P. v. Joseph Hill (2014) ca5

Radnor Holdings Corp. v. Skadden Arps Slate Meagher & Flom LLP (2017) ca3

— 28 U.S.C. § 158(d)(1) — 5 cases

In re: National Medical Imaging, LLC v. (2023) ca3

Thomason v. LSF10 Master Participation Trust (2023) idb

Marilynn Lynn Thomason (2023) idb

— 28 U.S.C. § 158(d)(2) — 3 cases

Valley National Bank v. Warren (2021) flmd

In Re: Kimberly Bruce (2021) nysd

ESML Holdings Inc v. (2025) ca3

— 28 U.S.C. § 158(d)(2)(A)(i) — 1 case

Avion Funding, LLC v. GFS Industries, LLC (2023) txwb

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