Connecticut National Bank v. Germain
Connecticut National Bank v. Germain is a 1992 Supreme Court case about when a Court of Appeals can review an interlocutory order in a bankruptcy case.
Background: In a bankruptcy matter, the bankruptcy court granted a jury trial, and the district court affirmed. Connecticut National Bank tried to appeal the district court’s interlocutory ruling, but the Second Circuit dismissed for lack of jurisdiction.
Issue: Do the rules for appeals in bankruptcy allow a party to seek review of an interlocutory (non-final) district court order under 28 U.S.C. § 1292, in addition to the usual bankruptcy appeal path under § 158(d) for final judgments?
Decision: The Supreme Court held that appellate courts may review an interlocutory district court order in a bankruptcy appeal when allowed by § 1292. The majority said the statutes § 158(d) and § 1292 overlap but also cover separate situations, and there is no need to read them as contradicting each other. So, as long as the conditions in § 1292 are met, a party may seek appellate review of an interlocutory bankruptcy ruling.
Majority opinion: Justice Clarence Thomas wrote the opinion, joined by Chief Justice Rehnquist and Justices Scalia, Kennedy, and Souter. He emphasized that the statutory text is clear and that legislative history need not be consulted.
Concurrences:
- Justice John P. Stevens, concurring in the judgment, agreed with the result but preferred looking at legislative history, arguing it does not show § 158(d) was meant to override § 1291/1292.
- Justice Sandra Day O’Connor, joined by Justices White and Blackmun, also concurred in the judgment, noting the decision creates some redundancy but suggesting Congress probably did not intend to withdraw interlocutory bankruptcy appeals.
In short, the ruling allows an appeal of a bankruptcy-related interlocutory order to proceed under § 1292, provided the statutory conditions are met.
This page was last edited on 3 February 2026, at 20:24 (CET).