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

Authors

Bryan T. Camp

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Article

Abstract

Bankruptcy Appellate Panels (BAPs) are used as an intermediate review of bankruptcy final orders, judgments and decrees, between the district court and circuit court of appeals. The precedential value of BAP decisions, however, has long been in dispute. This article examines the history of BAPs and analyzes the doctrine of stare decisis in relation to these courts. The author argues that BAP decisions should bind both bankruptcy and district courts within a circuit. A secondary theme argues again disbanding BAPs, a proposal put forward by the National Bankruptcy Review Commission.

Recommended Citation

Bryan T. Camp, Bound by the BAP: The Stare Decisis Effects of BAP Decisions, 34 San Diego L. Rev. 1643 (1997).
Available at: https://digital.sandiego.edu/sdlr/vol34/iss4/4