The Non Appealability of Disqualification Orders in Bankruptcy Proceedings

This article explores the contentious issue of whether disqualification orders against counsel in bankruptcy proceedings are appealable as a matter of right. It examines the statutory ambiguity surrounding interlocutory orders under 28 U.S.C. § 158(a) and analyzes how different courts have approached the appealability of such orders. The paper argues that treating disqualification orders as nonappealable undermines due process and the integrity of the legal representation in bankruptcy cases. Through a detailed examination of statutory interpretation, case law, and policy considerations, the article advocates for a consistent framework recognizing the right to appeal disqualification decisions in bankruptcy.