Appeals from all final judgments, orders and decrees of a bankruptcy court, as well as discretionary interlocutory appeals, are heard in the district court, 28 U.S.C. § 158(a), or before a bankruptcy appellate panel, 28 U.S.C. § 158(b), except for direct certified appeals, 28 U.S.C. Section 158(d)(2).

In bankruptcy cases delegated to USAOs, Solicitor General approval is not required for appeals to the district court or a bankruptcy appellate panel. The USAO has authority to appeal adverse decisions of the bankruptcy court in delegated cases to a district court or bankruptcy appellate panel where the issues are routine, subject to the limitations set forth in 28 C.F.R. Part 0, Subpart Y, Appendix (Civil Division §§ 1(c), 1(e), 4(a), & 6). The USAO should consult with the Commercial Litigation Branch’s Corporate/Financial Litigation Section whenever an appeal to the district court or a bankruptcy appellate panel raises significant issues or constitutional questions. Appeals of bankruptcy cases to circuit courts of appeals are subject to the notice and approval requirements set forth in Title 2 of this Manual.

Generally, in an appeal from the bankruptcy court, the district court sits as an appellate court. 28 U.S.C. § 1334(b). The district court may affirm, reverse, or modify the bankruptcy court's ruling or remand the case for further proceedings. Fed. R. Bankr. P. 8013.

[updated April 2018]