Supreme Court of the United States
Connecticut National Bank v. Germain
March 9, 1992503 U.S. 249
Summary
The Court held that 28 U.S.C. § 158(d) does not prevent courts of appeals from exercising jurisdiction under § 1292 over interlocutory orders entered by district courts acting as bankruptcy appellate courts. Justice Thomas's five-Justice majority relied on the statutory text and rejected an implied restriction based on overlapping jurisdictional provisions. The Court reversed and remanded. Justice Stevens concurred in the judgment, agreeing with the textual analysis but also finding support in the legislative history. Justice O'Connor, joined by Justices White and Blackmun, concurred in the judgment because inadvertent statutory redundancy was more plausible than an indirect congressional withdrawal of interlocutory appellate jurisdiction.
Holding
- Availability of interlocutory appellate jurisdiction under § 1292 in bankruptcy proceedings.. A court of appeals may exercise jurisdiction under § 1292 over an interlocutory order of a district court acting as a bankruptcy appellate court, provided the conditions imposed by § 1292 are satisfied.
Docket 90-1791
Cited authorities
- 28 U.S.C. § 1292
- 28 U.S.C. § 158
- 28 U.S.C. § 1291
- 28 U.S.C. § 158
- 47 Colum. L. Rev. 527
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