Updated 11/17/2020

In General

An appeal from a judgment, order, or decree of a bankruptcy court to a district court or Bankruptcy Appellate Panel (BAP) may be taken only by filing a notice of appeal with the bankruptcy clerk within the time allowed by FRBP 8002.  The notice of appeal must conform substantially to the Official Form, be accompanied by the judgment, order or decree being appealed, and be accompanied by the filing fee (currently $298).

The Bankruptcy Appellate Panel (BAP) will hear the appeal unless a party elects to have it heard by the United States District Court. The appellant makes that election by checking the appropriate box on the form Notice of Appeal.

A party appealing more than one judgment or order must file a separate notice of appeal for each judgment or order being appealed.

Form  

Notice of Appeal (Official Form 417A)

Step-by-Step Instructions

• Select Bankruptcy > Appeals or Adversary > Appeals.
• Enter Case Number.
• Select 1 Notice of Appeal - Adversary Proceeding (FEE 298) or 1 Notice of Appeal - Bankruptcy Case (FEE 298).
• Skip the Joint Filing screen if you are the only attorney filing this document.
• Click Browse/Choose File and upload PDF.
• Select Party filer.  If the party is not listed, view instructions on adding a new party to the case.
• The Attorney/Party Association screen displays if the association does not already exist. Carefully read the message in red.
• At the prompt, Enter Title of Order or Judgment Being Appealed.
• Select Yes or No at the prompt, Is the order being appealed entered on the docket?
  • If Yes, relate to the order being appealed.
  • If No, relate to the minutes of the hearing at which the announcement of the decision or order was made.
• Select Yes or No at the prompt, Does the notice of appeal include a Statement of Election to have appeal heard by District Court?
• Information regarding the court's policy regarding payment of filing fees display.  Read it carefully.
• Fee screen displays.
• Modify docket text to describe attachments, if appropriate.
• Verify final docket text. Click Next to complete the filing.
• The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.
• A Summary of current charges displays in a separate window.  Click Pay Now or Continue Filing.

Updated 11/17/2020

In General

The district court, BAP, or court of appeals may condition relief on filing a bond or other security with the bankruptcy court.  Attach a cover sheet to the bond when filing electronically.

Step-by-Step Instructions

• Select Bankruptcy or Adversary > Appeals.
• Enter Case Number.
• Select Appeal Bond.
• Skip the Joint Filing screen.
• Click Browse/Choose File and upload PDF.
• Select Party filer.  If the party is not listed, view instructions on adding a new party to the case.
• The Attorney/Party Association screen displays if the association does not already exist. Carefully read the message in red.
• Carefully read the instructional message that displays:

• At the prompt, Enter amount of appeal bond (for example, 125,000).
• Relate to the appropriate appeal to which this bond applies.
• Modify docket text to describe attachments, if appropriate.
• Verify final docket text. Click Next to complete the filing.
• The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.

Next Step

Bring the original bond to the court for deposit.

Updated 11/17/2020

In General

The appellant must file with the bankruptcy clerk and serve on the appellee, a designation of the items to be included in the record on appeal and a statement of the issues to be presented.

Step-by-Step Instructions

• Select Bankruptcy or Adversary > Appeals.
• Enter Case Number.
• Select Appellant Designation of Items / Issues Presented.
• Skip the Joint Filing screen.
• Select Party filer.  If the party is not listed, view instructions on adding a new party to the case.
• Click Browse/Choose File and upload PDF.
• Relate to the appropriate appeal to which this designation applies.
• Modify docket text to describe attachments, if appropriate.
• Verify final docket text. Click Next to complete the filing.
• The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.

Updated 11/17/2020

In General

Within the time prescribed by the applicable rule, the appellee may file with the bankruptcy clerk and serve on the appellant a designation of additional items to be included in the record.

Step-by-Step Instructions

• Select Bankruptcy or Adversary > Appeals.
• Enter Case Number.
• Select Appellee Designation of Items.
• Skip the Joint Filing screen.
• Select Party filer.  If the party is not listed, view instructions on adding a new party to the case.
• Click Browse/Choose File and upload PDF.
• Relate to the appropriate appeal to which this designation applies.
• Modify docket text to describe attachments, if appropriate.
• Verify final docket text. Click Next to complete the filing.
• The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.

Updated 11/17/2020

In General

The appellee may elect to have the appeal heard by the United States District Court by filing a statement that substantially confirms to the Official Form 417B within the time prescribed by 28 U.S.C. §158(c)(1)(B).

Form  

Optional Appellee Statement to Election to Proceed in District Court (Official Form 417B)

Step-by-Step Instructions

• Select Bankruptcy or Adversary > Appeals.
• Enter Case Number.
• Select Election to Proceed in District Court (Appellee).
• Skip the Joint Filing screen.
• Select Party filer.  If the party is not listed, view instructions on adding a new party to the case.
• Click Browse/Choose File and upload PDF.
• Relate to the appropriate appeal to which this statement applies.
• Modify docket text to describe attachments, if appropriate.
• Verify final docket text. Click Next to complete the filing.
• The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.

Updated 11/17/2020

Step-by-Step Instructions

• Select Bankruptcy or Adversary > Appeals.
• Enter Case Number.
• Select Certification of No Transcript Ordered.
• Skip the Joint Filing screen.
• Select Party filer.  If the party is not listed, view instructions on adding a new party to the case.
• Click Browse/Choose File and upload PDF.
• Relate to the appropriate appeal to which this certification applies.
• Modify docket text to describe attachments, if appropriate.
• Verify final docket text. Click Next to complete the filing.
• The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.

Updated 11/17/2020

In General

The bankruptcy court will transmit the notice of appeal and motion for leave to appeal to the BAP or district court.

Step-by-Step Instructions

• Select Bankruptcy or Adversary > Motions.
• Enter Case Number.
• Select Leave to Appeal (Motion).
• Click Browse/Choose File and upload PDF.
• Skip the Joint Filing screen if you are the only attorney filing this motion.
• Select Party filer.  If the movant is not listed, view instructions on adding a new party to the case.
• The Attorney/Party Association screen displays if the association does not already exist. Carefully read the message in red.
• Modify docket text to describe attachments, if appropriate.  
• Verify final docket text. Click Next to complete the filing.
• The Notice of Electronic Filing displays. This is the verification that the document has been electronically filed.