Section 01Composition
Under 28 U.S.C. § 158(b)(1)(A), the 1st Cir. BAP is composed of bankruptcy judges drawn from districts within the First Circuit. Each appeal is decided by a three-judge panel constituted ad hoc from the pool of designated members, subject to the same-district disqualification rule of 28 U.S.C. § 158(b)(5).
Section 02Constituent Districts
The 1st Cir. BAP hears appeals from the bankruptcy courts of the following districts within the First Circuit. Each constituent district may, by majority vote of its district judges under 28 U.S.C. § 158(b)(6), decline to authorize BAP service for appeals from that district; counsel should verify current authorization status by district.
| District | Short cite | Court website |
|---|---|---|
| Maine | D. Me. Bankr. | https://www.meb.uscourts.gov |
| Massachusetts | D. Mass. Bankr. | https://www.mab.uscourts.gov |
| New Hampshire | D.N.H. Bankr. | https://www.nhb.uscourts.gov |
| Rhode Island | D.R.I. Bankr. | https://www.rib.uscourts.gov |
| Puerto Rico | D.P.R. Bankr. | https://www.prb.uscourts.gov |
Section 03How the Panel Operates
Appeals from the bankruptcy courts of the constituent districts are routed to the 1st Cir. BAP by default unless a party files a timely statement of election under Federal Rule of Bankruptcy Procedure 8005 to have the appeal heard by the district court. The election window is 30 days from service of the notice of appeal; failure to elect is treated as consent to BAP review.
Briefing follows Part VIII of the Federal Rules of Bankruptcy Procedure (FRBP 8018 schedule, FRBP 8015 word limits) as supplemented by the panel’s local rules. Oral argument is set by the panel after briefing closes; the panel may decide an appeal without argument under FRBP 8019. The panel’s decisions are reviewable on further appeal to the United States Court of Appeals for the First Circuit under 28 U.S.C. § 158(d)(1).