Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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The Bankruptcy Court is a federal court specifically designed to handle bankruptcy cases in the United States. It’s a specialized court system with its own rules and procedures, established to oversee the process of debt relief for individuals and businesses who are unable to pay their debts. 

Why it’s important:

1. Fresh Start: A key goal of bankruptcy law is to give debtors a “fresh start” by relieving them of most of their debts. This can be achieved through:
   • Liquidation (Chapter 7): Selling a debtor’s assets to pay creditors.
   • Reorganization (Chapter 11, 13): Approving a plan for debtors to repay creditors over time, allowing businesses to restructure and continue operating.
2. Orderly Debt Repayment: Bankruptcy courts oversee a process where:
3. Protection from Creditors: Once a bankruptcy petition is filed, an automatic stay is put in place, halting most collection efforts from creditors, including lawsuits and wage garnishments.
4. Promoting Economic Stability: By providing a structured framework for dealing with financial distress, bankruptcy courts help both individuals and businesses get back on their feet, which contributes to overall economic stability.
5. Exclusive Federal Jurisdiction: Bankruptcy cases are handled exclusively in federal courts under the U.S. Bankruptcy Code, ensuring consistency and uniformity in the application of bankruptcy law across the country.
6. Addressing Disputes: Bankruptcy courts also handle litigation related to bankruptcy cases, such as determining property ownership, debt amounts, and dischargeability of debts. 

In essence, the Bankruptcy Court serves as a vital component of the U.S. legal system by providing a legal pathway for individuals and businesses to address overwhelming debt, gain a fresh start, and promote a more predictable environment for creditors and debtors alike. 

The Bankruptcy Appellate Panel (BAP) is a specialized court within the U.S. bankruptcy system, established by the Bankruptcy Reform Acts of 1978 and 1994. It functions as an intermediate appellate level between the bankruptcy court and the federal district court. 

What it is:

• It’s a panel of three bankruptcy judges authorized to review appeals of decisions made by bankruptcy courts within their circuit.
• BAPs exist in only a limited number of circuits. The United States Courts (.gov) website states that five circuits have established BAPs: the First, Sixth, Eighth, Ninth, and Tenth Circuits.
• A BAP cannot hear appeals in a particular district unless a majority of the district judges in that district have authorized it.
• Parties generally have to consent to have their appeal heard by a BAP, otherwise, it would be heard by the district court. 

Why it’s important:

• Bankruptcy Expertise: BAPs are made up of bankruptcy judges with specialized knowledge and experience in bankruptcy law.
• Ensuring Consistency and Efficiency: BAPs help ensure fair and consistent application of bankruptcy laws and streamline the appeals process by reducing the workload of the higher courts.
• Influencing Bankruptcy Law: Decisions made by BAPs can influence the interpretation and application of bankruptcy laws, setting precedents that can be followed in future cases.
• Access to Justice: BAPs provide a valuable option for parties to seek review of bankruptcy court decisions, offering a specialized forum for resolving bankruptcy-related disputes. 

In short, BAPs play an important role in the bankruptcy system by providing a layer of appellate review with specialized bankruptcy expertise, ensuring consistent application of the law, and promoting efficient handling of bankruptcy appeals.

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Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.