Are District Court/BAP Decisions Binding?
Although we think they are not, whether district court decisions and bankruptcy appellate panel decisions are binding precedent is subject to controversy. Compare In re Ball, 185 B.R. 595 (Bankr. 9th Cir. 1995) (Bankruptcy Appellate Panel is bound by doctrine of stare decisis to follow earlier decision of BAP panel); In re Kar Dev. Assocs., 180 B.R. 624, 626 (Bankr. D. Kan. 1994) (“A decision of a single district judge in a multi-judge district is not the law of the district and [bankruptcy judges] are not bound to follow the prior cases.”), aff’d, 180 B.R. 629, 639-40 (D. Kan. 1995); In re Barakat, 173 B.R. 672 (Bankr. C.D. Cal. 1994) (BAP decisions are binding precedent throughout the circuit; district court decisions are not binding even in that district unless the district court sits en banc) and In re Gaylor, 123 B.R. 236 (Bankr. E.D. Mich. 1991) (district court decisions are not binding precedent) with Bryant v. Smith, 165 B.R. 176, 180 (W.D. Va. 1994) (“the bankruptcy judge is n
