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28 U.S.C. § 2107 — Time for appeal to court of appeals
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.
**(b)** In any such action, suit, or proceeding, the time as to all parties shall be 60 days from such entry if one of the parties is—
(1) the United States;
(2) a United States agency;
(3) a United States officer or employee sued in an official capacity; or
(4) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on behalf of the United States, including all instances in which the United States represents that officer or employee when the judgment, order, or decree is entered or files the appeal for that officer or employee.
**(c)** The district court may, upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, extend the time for appeal upon a showing of excusable neglect or good cause. In addition, if the district court finds—
(1) that a party entitled to notice of the entry of a judgment or order did not receive such notice from the clerk or any party within 21 days of its entry, and
(2) that no party would be prejudiced,
the district court may, upon motion filed within 180 days after entry of the judgment or order or within 14 days after receipt of such notice, whichever is earlier, reopen the time for appeal for a period of 14 days from the date of entry of the order reopening the time for appeal.
**(d)** This section shall not apply to bankruptcy matters or other proceedings under Title 11.
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Source file: Laws/federal/codes/united-states-code/title-28/section-2107-time-for-appeal-to-court-of-appeals--488db76e24.md
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Source location: Title 28, Chapter 133, § 2107; chapter-133-review-miscellaneous-provisions.md
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**(a)** Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.
**(b)** In any such action, suit, or proceeding, the time as to all parties shall be 60 days from such entry if one of the parties is—
(1) the United States;
(2) a United States agency;
(3) a United States officer or employee sued in an official capacity; or
(4) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on behalf of the United States, including all instances in which the United States represents that officer or employee when the judgment, order, or decree is entered or files the appeal for that officer or employee.
**(c)** The district court may, upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, extend the time for appeal upon a showing of excusable neglect or good cause. In addition, if the district court finds—
(1) that a party entitled to notice of the entry of a judgment or order did not receive such notice from the clerk or any party within 21 days of its entry, and
(2) that no party would be prejudiced,
the district court may, upon motion filed within 180 days after entry of the judgment or order or within 14 days after receipt of such notice, whichever is earlier, reopen the time for appeal for a period of 14 days from the date of entry of the order reopening the time for appeal.
**(d)** This section shall not apply to bankruptcy matters or other proceedings under Title 11.
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Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;
(2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;
(3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.
**(b)** When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.
**(c)** T
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of this section, only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title.
**(b)** A person may be a debtor under chapter 7 of this title only if such person is not—
(1) a railroad;
(2) a domestic insurance company, bank, savings bank, cooperative bank, savings and loan association, building and loan association, homestead association, a New Markets Venture Capital company as defined in section 351 of the Small Business Investment Act of 1958, a small business investment company licensed by the Small Business Administration under section 301 of the Small Business Investment Act of 1958, credit union, or industrial bank or similar institution which is an insured bank as defined in section 3(h) of the Federal Deposit Insurance Act, except that an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 11 See References in Text note below. of the Federal Deposit Insurance Corporation Improvement Act of 1991 may be a debtor if a petition is filed at the direction of the Board of Governors of the Federal Reserve System; or
(3)
(A) a foreign insurance company, engaged in such business in the United States; or
(B) a foreign bank, savings bank, cooperative bank, savings and loan association, building and loan association, or credit union, that has a branch or agency (as defined in section 1(b) of the International Banking Act of 1978) in the United States.
**(c)** An entity may be a debtor under chapter 9 of this title if and only if such entity—
(1) is a municipality;
(2) is specifically au
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Federal law — U.S. Code and appendices · legal_authorities
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
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Federal law — U.S. Code and appendices · legal_authorities
Page 511
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2107
ch. 229, § 1, 43 Stat. 937; Jan. 31, 1928, ch. 14, § 1, 45 Stat.
54).
Section consolidates part of section 344 of title 28,
U.S.C., 1940 ed., with sections 876 and 877 of said title.
Other provisions of said section 344 are incorporated in
sections 1257 and 2103 of this title.
Words ‘‘or a court of appeals’’ were inserted after
‘‘Supreme Court’’ upon authority of United States v. Illi-
nois Surety Co., C.C.A. 1915, 226 F. 653, affirmed 37 S.Ct.
614, 244 U.S. 376, 61 L.Ed. 1206, wherein it was held that
this section also applied to the courts of appeals in
view of section 11 of the Circuit Court of Appeals Act
of Mar. 3, 1891, ch. 517, 28 Stat. 829.
The revised section will cover instances where the
Supreme Court remands a case to the highest court of
a State and to the United States Tax Court. It will also
cover a remand of a case to the Court of Claims or the
Court of Customs and Patent Appeals. For authority to
remand a case to The Tax Court, see Equitable Life As-
surance Society of U.S. v. Commissioner of Internal Rev-
enue, 1944, 64 S.Ct. 722, 321 U.S. 560, 88 L.Ed. 927.
Revised section will also permit a remand by the Su-
preme Court to a court of appeals inasmuch as such lat-
ter court then would be a lower court. The revised sec-
tion is in conformity with numerous holdings of the
Supreme Court to the effect that such a remand may be
made. See especially, Maryland Casualty Co. v. United
States, 1929, 49 S.Ct. 484, 279 U.S. 792, 73 L.Ed. 960; Krauss
Bros. Co. v. Mellon, 1928, 48 S.Ct. 358, 276 U.S. 386, 72
L.Ed. 620 and Buzyuski v. Luckenbach S. S. Co., 1928, 48
S.Ct. 440, 277 U.S. 226, 72 L.Ed. 860.
The last sentence of section 876 of title 28, U.S.C., 1940
ed., providing that th
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