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The Precedential Effect of BAP Decisions
The bench and bar are well acquainted with the principles of stare decisis and controlling precedent, but after nearly 25 years, we have yet to definitely settle the question of the precise binding effect and precedential value of decisions issued by one of the most misunderstood tribunals within the federal court system, the bankruptcy appellate panels (BAPs). A recent bankruptcy court decision from Ohio reminds us that the controversy goes on unabated, and with our attention once again focused on this nettlesome question, the time seemed ripe to review where we stand and posit some arguments as to where we should be headed.
Background
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