JURISDICTION AND PRECEDENTIAL EFFECT: The bankruptcy courts, and Bankruptcy Appellate Panel, are Article I Courts under the US Constitution. The district courts and courts of appeal are Article III courts. As such, the Courts of Appeal are not bound by the decisions of the bankruptcy appellate panel, but considers such decisions as advisory only. In fact, district courts and courts of appeal routinely perform a de novo analysis (considering the facts and law anew) of the Bankruptcy Appellate Panel’s findings. In re Silverman 616 F.3rd 1001 (9th Circuit 2010).
Recent Posts
Real Estate/Bankruptcy
By Herbert WigginsIn bankruptcy, Real EstateMarch 23, 2023Whether a real estate agent sold her rights to her […]FINANCIAL TECHNOLOGY: FTX’s Crypto Blizzard
By Herbert WigginsIn bankruptcy, CryptoMarch 14, 2023Although it is not alone in its financial woes, the […]The Equal Credit Opportunity Act
By Herbert WigginsIn Equal Credit Opportunity ActMarch 9, 2023The Equal Credit Opportunity Act (Title 15 United […]