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A Bankruptcy Appellate Panel (abbreviated BAP) is authorized by 28 U.S.C. § 158(b) to hear, with the consent of all parties, appeals from the decisions of the United States bankruptcy courts in their district that otherwise would be heard by district courts, but only in those districts in which the district judges authorize appeals to BAPs. [1]
Official forms are used in filing a bankruptcy case. [9] A bankruptcy case is begun with the filing of the official form B1 bankruptcy petition. [10] The filing of a chapter 7 or chapter 13 personal bankruptcy case also requires the filing of schedules A through J, the statement of financial affairs as well as the form B22 means test.
Judgments or orders of the bankruptcy judges entered pursuant to 28 U.S.C. §157(b)(1) and (c)(2) are subject to appellate review by the district courts or bankruptcy appellate panels under 28 U.S.C. § 158(a).
In its first decision, the Federal Circuit incorporated as binding precedent the decisions of its predecessor courts, the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims. [8] Because the Court is one of national jurisdiction, panels from the court may sit anywhere in the country.
United States bankruptcy courts are courts created under Article I of the United States Constitution. [1] The current system of bankruptcy courts was created by the United States Congress in 1978, effective April 1, 1984. [2] United States bankruptcy courts function as units of the district courts and have subject-matter jurisdiction over ...
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The Florida Second District Court of Appeal is headquartered in Tampa, Florida on the campus of Stetson University College of Law. It will move to St. Petersburg when the new Pinellas courthouse is complete. [1] There are nine counties in the Second District, which includes a population of over 5.0 million people.
The existence of the DCAs was provided for in the Florida Constitution, which now requires the legislature to divide the state into appellate court districts, providing each with a DCA. At the time, Florida was the second state to have district courts of appeal, as California had created its own district courts of appeal in 1904.
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