Bound By the BAP: The Stare Decisis Effects of BAP Decisions




Camp, Bryan T.

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Final orders, judgments and decrees of a bankruptcy court may not be appealed directly to the circuit Court of appeals but must first go through an intermediate appellate stage. Until recently, the Ninth Circuit was alone in using bankruptcy appellate panels (BAPs) to provide an intermediate level of review between the bankruptcy trial court and the circuit court of appeals. In all other circuits (except briefly in the First Circuit) the route to circuit court review lay through the district court. Now, however, BAPs have expanded into the First, Second, Sixth, Eighth and Tenth Circuits. Controversy attends the BAPs. Specifically, the expansion will likely inflame a long-standing quarrel over the precedential value of BAP decisions. This paper addresses that issue and proposes a solution which addresses the concerns of all sides.



Bankruptcy appellate panel, Stare decisis, Bankruptcy, Marathon Pipeline v. Northern Pipeline, Constitutional conflict


34 San Diego L. Rev. 1643