Direct Appeals from Bankruptcy Courts to the Courts of Appeals: The Experience after Two Years

Until recently, there was no way to appeal a bankruptcy case directly from a bankruptcy court to a court of appeals.Instead, the case had to be first appealed to the district court[ or bankruptcy appellate panel. 2 Only after that court or BAP had ruled could the case be heard in the court of appeals.3 That changed in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), 4 which provides in some circumstances for direct review of bankruptcy court orders by the courts of appeals.5