In his latest article for The Bankruptcy Strategist titled, "Landmines in Bankruptcy Practice, Part III," Schulte Roth & Zabel of counsel Michael L. Cookdiscusses appellate jurisdiction and finality in relation to the current bankruptcy appeals bloom.
Congress limited the jurisdiction of appellate courts in the plain language of the Judicial Code, saving appellate courts from unnecessary work: "The district courts [or any bankruptcy appellate court] ... shall have jurisdiction to hear appeals (1) from final judgements... and (3) with leave of the court from other interlocutory orders... The courts of appeals shall have jurisdiction of appeals from all final decisions, judgements..." 28 U.S.C.§§158(a), 158(d)(1) (emphasis added). When courts have made important exceptions in the past year, as shown here, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
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