Appeals - General Information

FRBP 8001 - 8003

 

An appeal is a request by a party to have a higher court consider an order already entered by the bankruptcy court.

There are three main types of appeal: Appeal by Right, Appeal by Leave and Cross Appeals.

Appeals can also be heard by the US Court of Appeals. A request for a matter to be sent directly to that court instead of to the District Court is called a Direct Appeal.

If a transcript of a hearing is to be requested in relation to the appeal, this should be done as early as possible since an outside agency, not the Clerk's office, prepares all transcripts.

See also related procedure: Motion to Stay Pending Appeal.

 

Appeal by Right

An Appeal by Right is an appeal of a final order or judgment and is initiated by the filing of a Notice of Appeal. This Notice must be filed within 14 days of the entry of the order being appealed. If more time is needed to file the Notice of Appeal, a Motion to Extend Time to Appeal Under Rule 8002(c) should be filed.

The appellant has 14 days after the filing of their Notice of Appeal to file an Appellant Designation. This is a list of all documents, including transcripts of hearings, that the appellant wishes to be sent to District Court as part of the appeal.

The appellee has 14 days from the date of filing of the Appellant Designation to file the Appellee Designation. This is a list of any items that the appellee wishes to be sent to District Court in addition to the documents already listed on the Appellant Designation. Once this designation has been filed, the court will transmit the appeal to District Court. (If transcripts have been requested as part of the appeal but have not yet been filed, the transmittal of the appeal will not take place until such transcripts have been filed.)

If designations are not timely filed,  the appeal will be transmitted to District Court anyway, along with a note that designations were not filed. If more time is needed to file a designation, a Motion to Extend Time to File Designation should be filed with the Bankruptcy Court.

District Court advises the Bankruptcy Court when a District Court case number and judge have been assigned. This information will be docketed on the bankruptcy case.

 

Appeal by Leave

An Appeal by Leave is an appeal of an interlocutory (non-final) order or judgment and is initiated by the filing of a Notice of Appeal along with a Motion for Leave to Appeal. These documents must be filed within 14 days of the entry of the order being appealed. If more time is needed to file these documents, a Motion to Extend Time to Appeal Under Rule 8002(c) should be filed.

The appellee has 14 days from the filing of these documents to file an Answer in Opposition to Motion for Leave to Appeal. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court.

The appeal is then transmitted to District Court, regardless of whether or not an answer was filed.

District Court advises the Bankruptcy Court when a District Court case number and judge have been assigned. This information will be docketed on the bankruptcy case.

When the District Court judge has made their decision on whether or not the appeal will be allowed, the order granting or denying is docketed on the bankruptcy case.

If the order grants leave to appeal, the appellant has 14 days from the docketing of the order in the bankruptcy case to file an Appellant Designation. This is a list of all documents, including transcripts of hearings, that the appellant wishes to be sent to District Court as part of the appeal.

The appellee has 14 days from the date of filing of the Appellant Designation to file the Appellee Designation. This is a list of any items that the appellee wishes to be sent to District Court in addition to the documents already listed on the Appellant Designation. Once this designation has been filed, the court will transmit the documents to District Court. (If transcripts have been requested as part of the appeal but have not yet been filed, the transmittal of the documents will not take place until such transcripts have been filed.)

If no designations are filed by the deadline, District Court is advised.

 

Cross Appeals

A cross appeal is an appeal filed by the appellee or another interested party in an existing appeal and becomes part of the record on appeal - it is not a new appeal.

A Cross Appeal must be filed within 14 days of the filing of the original appeal. If more time is needed to file the Cross Appeal, a Motion to Extend Time to Appeal Under Rule 8002(c) should be filed.

The appellant has 14 days after the filing of their Cross Appeal to file an Appellant Designation. This is a list of all documents, including transcripts of hearings, that the appellant wishes to be sent to District Court as part of the appeal.

The appellee has 14 days from the date of filing of the Appellant Designation to file the Appellee Designation. This is a list of any items that the appellee wishes to be sent to District Court in addition to the documents already listed on the Appellant Designation. Once this designation has been filed, the court will transmit the appeal to District Court. (If transcripts have been requested as part of the appeal but have not yet been filed, the transmittal of the appeal will not take place until such transcripts have been filed.)

If designations are not timely filed,  the appeal will be transmitted to District Court anyway, along with a note that designations were not filed. If more time is needed to file a designation, a Motion to Extend Time to File Designation should be filed. This Motion must be filed with the Bankruptcy Court.

 

 

Direct Appeals

A Direct Appeal is a request to have an appeal heard by the Court of Appeals, bypassing the normal hearing by District Court.

A Direct Appeal is initiated by the filing of a Notice of Appeal and either a Request for Certification for Direct Appeal to Court of Appeals, which automatically sets up a 14 day response time to allow opposing party the opportunity to respond, or a Joint Certificate for Direct Appeal to Court of Appeals, which requires no response time since both parties will have signed off on the Certificate. The Notice of Appeal must be filed within 14 days of the entry of the order being appealed. If more time is needed to file the Notice of Appeal, a Motion to Extend Time to Appeal Under Rule 8002(c) should be filed.

The appellant has 14 days after the filing of their Notice of Appeal to file an Appellant Designation. This is a list of all documents, including transcripts of hearings, that the appellant wishes to be sent to the Court of Appeals as part of the appeal.

The appellee has 14 days from the date of filing of the Appellant Designation to file the Appellee Designation. This is a list of any items that the appellee wishes to be sent to the Court of Appeals in addition to the documents already listed on the Appellant Designation.

The Bankruptcy Court will rule on whether the request for a direct appeal should be granted, or whether the appeal will be heard instead by the District Court. If approved to go directly to the Court of Appeals, the Court will enter a Certification for Direct Appeal to Court of Appeals and transmit the initial documents to the Court of Appeals.

The Court of Appeals then notifies the Bankruptcy Court of the case number to which the appeal was assigned in their court. This case number is docketed on the bankruptcy docket.

The Court of Appeals will then determine whether or not it will hear the appeal. If the request to have the appeal heard by the Court of Appeals is granted, a docket-only order (no PDF) will be entered on the bankruptcy case. This order sets deadlines for briefs to be filed. The Direct Appeal fee (which is in addition to the previous Appeal Filing and Docketing fee) is due within 14 days of the entry of that order.

After expiration of the time allowed for filing briefs, the Bankruptcy Court will transmit the remainder of the appeal documents to the Court of Appeals, regardless of whether or not briefs were filed.