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governing appeals in bankruptcy cases) to require all circuits to establish a BAP unless the judicial council of a circuit found that (1) there were insufficient judicial resources in the circuit to do so, or (2) the establishment of a BAP would result in undue delay or increased cost to parties in
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In 1996, the First
Circuit reestablished its BAP, and four new panels were created in the Second, Sixth, Eighth, and Tenth Circuits. The Seventh Circuit deferred making a decision, and the remaining five circuits declined to create a BAP. The Second Circuit BAP ceased operations on July 1, 2000.
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did not directly address the constitutionality of the panels in that decision, the First
Circuit held that the emergency rules adopted after the decision was rendered pre-empted the use of their BAP, and subsequently disbanded it. The Ninth Circuit disagreed, holding that because the BAP was
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permitted federal judicial circuits to establish
Bankruptcy Appellate Panels to hear appeals from the bankruptcy courts. Those circuits which chose not to establish panels would have bankruptcy appeals heard by the
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supervised by the Court of
Appeals, and because the BAP's decisions could be appealed to the Court of Appeals, it was constitutional and could therefore continue.
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The first circuits to establish
Bankruptcy Appellate Panels were the Ninth Circuit (in 1979) and the First Circuit (in 1980). The aftermath of the landmark
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appointed from the circuit's districts, with the restriction that no judge may participate in an appeal arising from that judge's own district.
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328:. Parties to the bankruptcy case retain the right to have their appeal heard by a district court instead of a BAP by filing an
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to transfer the case. Judges on a BAP are generally barred from hearing a case from their own bankruptcy district.
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The BAP in each judicial circuit has its own local rules of practice, in addition to the
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enacted the
Bankruptcy Reform Act of 1994, which included an amendment of
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case in 1982 had different effects on the two circuits. Even though the
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361:"Court Insider: What is a Bankruptcy Appellate Panel?"
222:in their district that otherwise would be heard by
443:Bankruptcy Appellate Panel of the Eighth Circuit
335:Appeals from the BAP itself are directed to the
453:Bankruptcy Appellate Panel of the Tenth Circuit
448:Bankruptcy Appellate Panel of the Ninth Circuit
438:Bankruptcy Appellate Panel of the Sixth Circuit
433:Bankruptcy Appellate Panel of the First Circuit
280:Northern Pipeline Co. v. Marathon Pipe Line Co.
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8:
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237:have convened a BAP. As of 2011, only the
385:Pub. L. No. 95-598, 92 Stat. 2549 (1978).
214:to hear, with the consent of all parties,
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322:Federal Rules of Bankruptcy Procedure
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326:Federal Rules of Appellate Procedure
257:Circuits had convened these panels.
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468:United States courts of appeals
220:United States bankruptcy courts
38:Bankruptcy in the United States
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272:United States district courts
267:Bankruptcy Reform Act of 1978
473:United States bankruptcy law
149:Chief restructuring officer
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218:from the decisions of the
204:Bankruptcy Appellate Panel
235:federal judicial circuits
126:Aspects of bankruptcy law
405:August 7, 2008, at the
367:. November 16, 2012
210:) is authorized by
400:History of the BAP
339:for that circuit.
308:bankruptcy cases.
285:U.S. Supreme Court
212:28 U.S.C. § 158(b)
144:Bankruptcy trustee
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20:Bankruptcy in the
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365:www.uscourts.gov
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369:. Retrieved
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57:U.S. Trustee
418:458 U.S. 50
462:Categories
343:References
316:Procedures
301:§ 158
159:Means test
118:Chapter 15
113:Chapter 13
108:Chapter 12
103:Chapter 11
291:In 1994,
139:Discharge
98:Chapter 9
93:Chapter 7
47:Authority
403:Archived
371:June 28,
330:election
293:Congress
85:Chapters
420:(1982).
305:statute
261:History
216:appeals
52:History
299:
253:, and
247:Eighth
228:judges
303:(the
255:Tenth
251:Ninth
243:Sixth
239:First
154:Claim
62:Court
373:2016
324:and
265:The
77:FRBP
72:Code
208:BAP
164:DIP
67:BAP
464::
390:^
363:.
350:^
274:.
249:,
245:,
241:,
202:A
375:.
191:e
184:t
177:v
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