Official Procedure Last Change March 27, 2018

Agreed Statement as Record on Appeal

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Agreed Statement as Record on Appeal

FRBP 8009(d)

General Information

Full information on the Appeals process

• Parties can file an Agreed Statement as the Record on Appeal instead of separate Designations.
• This Agreed Statement takes the place of the normal record on appeal.

Filing requirements

• The Agreed Statement must be signed.

• A Certificate of Service must accompany the Statement.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Agreed Statement as Record on Appeal from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Statement relates and click Next.

9. Select appropriate radio button and click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change March 31, 2016

Answer in Opposition to Motion for Leave to Appeal

How to file: Location of event: This document must be filed in District Court, not Bankruptcy Court.

FRBP 8004(b)(2)

General Information

Full information on the Appeals process

• If a Motion for Leave to Appeal is filed, the appellee has 14 days 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 Motion for Leave to Appeal will be transmitted to District Court at the end of the 14 day period, regardless of whether or not an Answer in Opposition has been filed.
• An answer in opposition must be filed in District Court, not Bankruptcy Court. 

 Official Procedure Last Change July 24, 2023

Appeals - General Information

FRBP 8001

 

 

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

There are two main types of appeal: Appeal by Right and Appeal by Leave (interlocutory).

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 for 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(d) 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.

If more time is needed to file a designation, a Motion to Extend Time to File Designation should be filed with the Bankruptcy Court.

Appeal by Leave (Interlocutory)

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(d) 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.

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.

Direct Appeals

A Direct Appeal is a request to have an appeal heard by the Court of Appeals,  instead of first obtaining appellate review from the District Court.

A Direct Appeal is initiated by filing a Notice of Appeal and one of the following:

• Request for Certification for Direct Appeal to Court of Appeals - a party may file a response to the Request within 14 days after the request is served (FRBP 8006(f)(3));
• Joint Certificate for Direct Appeal to Court of Appeals - the Bankruptcy Court may file a short supplemental statement about the merits of the Joint Certification within 14 days of its filing (FRBP 8006(c)(2)); or
• Certification for Direct Appeal on the Court's own Motion - a party may file a short supplemental statement about the merits of the Court's Certification within 14 days of its entry (FRBP 8006(e)(2)).

The Notice of Appeal must be filed within 14 days of the entry of the order being appealed. If more time is needed, a Motion to Extend Time to Appeal Under Rule 8002(d) 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 the Court of Appeals review 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 the Court of Appeals review in addition to the documents already listed on the Appellant Designation.

The Bankruptcy Court may rule on a party's Request for Certification or the parties Joint Certification within the first 30 days after the effective date of the Notice of Appeal; thereafter, the ruling shall come from District Court under FRBP 8006(b).

If approved, the Bankruptcy Court will enter a Certification for Direct Appeal to Court of Appeals and transmit the initial documents to the Court of Appeals by email.

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

The Court of Appeals will then determine whether 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.

Official Procedure Last Change October 2, 2018

Appellant Designation

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Appellant Designation/Statement of Issues Things to be aware of when filing: If a transcript is requested to be included in the record, a separate Request for Transcript must be filed, unless the transcript has previously been requested. If a transcript is not being ordered, a Certification – Transcript not Ordered must be filed. Either party may file the Certification.

FRBP 8009, 8010(a)(1)

General Information

Full information on the Appeals process

• The appellant is required to file with the Clerk's office, and serve on the appellee, a designation of items to be included in the record on appeal, and a statement of the issues to be presented.
• This designation must be filed within 14 days after the filing of the Notice of Appeal, and must be in compliance with Local Rule B-8009-1. The parties may not highlight a docket to show what they are designating. The parties should be specific when listing designated items and must include the court’s docket numbers for each item designated.
• If a transcript is requested to be included in the record, a separate Request for Transcript must be filed, unless the transcript has previously been requested.
• If a transcript is not being ordered, a Certification – Transcript not Ordered must be filed. Either party may file the Certification.
• Upon filing of the appellant designation, the appellee has 14 days to file their designation of additional items.

Filing requirements

• A Statement of Issues to be presented should be included along with the Designation.
• The Designation must be signed.
• A Certificate of Service must accompany the Designation. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Appellant Designation/Statement of Issues from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. The Appellee Designation deadline is displayed. Click Next.

9. Check the box next to the Notice of Appeal to which your Designation relates and click Next.

10. Select appropriate radio button and click Next.

11. Select prefix text, if applicable, and click Next.

12. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change October 2, 2018

Appellee Designation

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Appellee Designation Things to be aware of when filing: If a transcript is requested to be included in the record, a separate Request for Transcript must be filed, unless the transcript has previously been requested. If a transcript is not being ordered, a Certification – Transcript not Ordered must be filed. Either party may file the Certification.

FRBP 8009(a)(2),(4), 8010(a)(1)

General Information

Full information on the Appeals process

• The appellee is required to file with the Clerk's office, and serve on the appellant, a designation of items to be included in the record on appeal, and a statement of the issues to be presented.
• The Appellee’s designation must be in compliance with Local Rule B-8009-1. The parties may not highlight a docket to show what they are designating. The parties should be specific when listing designated items and must include the court’s docket numbers for each item designated.
• If a transcript is requested to be included in the record, a separate Request for Transcript must be filed, unless the transcript has previously been requested.
• If a transcript is not being ordered, a Certification – Transcript not Ordered must be filed. Either party may file the Certification.

Filing requirements

• The Designation must be signed.
• A Certificate of Service must accompany the Designation. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Appellee Designation from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Designation relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change March 15, 2018

Designation of Record re: Withdrawal of Reference

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Designation of Record re: Withdrawal of Reference (including Additional Items)  Things to be aware of when filing: This event should only be used to file a designation related to a Motion for Withdrawal of Reference. To file a designation related to an appeal, see separate procedures on Appellant Designation or Appellee Designation.

FRBP 5011 S. D. Ind. B-5011-1

General Information

• A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.
• A designation of record must be filed along with the Motion for Withdrawal of Reference. This is a list of documents on the case that the movant wishes to be considered by District Court along with the Motion. If the Designation of Record was not included in the PDF with the Motion, it may be filed separately using the instructions below.
• Any other party has 14 days to file a designation of additional items they want to be considered by District Court. A list of those additional items can be filed during that time period using the instructions below.

Filing requirements

• The Designation must be filed in the Bankruptcy Court, not in District Court.
• The Designation must be signed.
• A Certificate of Service must accompany the Designation.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Designation of Record re: Withdrawal of Reference (including Additional Items) from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Motion for Withdrawal of Reference (or Designation of Record if you are filing a designation of additional items)  to which your Designation relates and click Next.

9. If a designation has already been filed, you are asked if you a filing a list of additional items. Select the appropriate radio button and click Next. If you selected Yes, skip to step 12.

10. Enter the date the Designation was served, as shown on your Certificate of Service.

11. Deadline for filing of additional items by other parties is calculated and displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change July 24, 2023

Joint Certification for Direct Appeal to Court of Appeals

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Joint Certification for Direct Appeal to Court of Appeals Things to be aware of when filing: The Joint Certification event is used if all appellants and appellees are jointly filing the request. If not all parties have signed off, the Request for Certification event must be used.

FRBP 8006(c)

General Information

Full information on the Appeals process

• A Joint Certification for Direct Appeal to Court of Appeals is a request to have an appeal heard by the Court of Appeals instead of first obtaining appellate review from the District Court. 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 District Court.

• The Joint Certification event is used if all appellants and appellees jointly file the request. If not all parties have signed off, the Request for Certification event must be used.

• The Bankruptcy Court may file a short supplemental statement about the merits of the Joint Certification within 14 days of its filing (FRBP 8006(c)(2)).

• If the Direct Appeal is accepted by the Court of Appeals, a separate Authorized Direct Appeal fee will apply, in addition to the original Appeal Filing and Docketing fee. This does not apply to the United States (e.g. US Trustee). View current fees

Filing requirements

• It is recommended that the Joint Certification be filed using Official Form B424.
• The Joint Certification must be signed by all appellants and appellees.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Joint Certification for Direct Appeal to Court of Appeals from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Certification relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change March 31, 2016

Motion for Extension of Time to File Designation

How to file:  Location of event: Bankruptcy > Motions, Applications & Briefs > Extend Time to File Miscellaneous Documents, Motion to Things to be aware of when filing: In the Southern District of Indiana, the Bankruptcy Judge, not a District Court judge, rules on this Motion. The bankruptcy case caption should therefore be used.

FRBP 8002(d)(3)

General Information

Full information on the Appeals process

In the Southern District of Indiana, the Bankruptcy Judge, not a District Court judge rules on this Motion. The Motion is not transmitted to District Court.

Filing requirements

• The Motion must be signed by the filing party.
• A Certificate of Service must accompany the Motion.
• It is not necessary to upload a proposed order - the court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extend Time to File Miscellaneous Documents, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Check the Refer to existing event(s)? box and click Next.

11. Click to select appeal in the list and click Next.

12. Check the appropriate box next to the related Notice of Appeal and Next.

13. Type Designation in the text box.

14. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended.

15. Click Next.

16. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

17. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change February 18, 2020

Motion for Leave to Appeal

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Leave to Appeal, Motion for Things to be aware of when filing: A Motion for Leave to Appeal cannot be filed unless a Notice of Appeal has already been filed on the case.

FRBP 8001 - 8004

General Information

Full information on the Appeals process

• An Appeal by Leave is initiated by the filing of a Motion for Leave to Appeal along with a Notice of 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 the Motion for Leave to Appeal to file an Answer in Opposition to Motion for Leave to Appeal. The answer must be filed in District Court. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court.
• If the Motion for Leave to Appeal is denied, no other action is required apart from the entry of the order on the docket.  The appellee may request the return of the Notice of Appeal fee by filing a Motion for Refund.  

Filing requirements

• Motion must be signed by the filing party.
• The motion must include:
  • the facts necessary to understand the question presented;
  • the question itself;
  • the relief sought;
  • the reasons why leave to appeal should be granted; and
  • a copy of the interlocutory order or decree and any related opinion or memorandum.
• A Motion for Leave to Appeal cannot be filed unless a Notice of Appeal has already been filed on the case.
• A Certificate of Service must accompany the Motion.
• A proposed order must be uploaded. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Leave to Appeal, Motion for from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the appropriate box next to the order which you are seeking to appeal and click Next.

9. Enter date of service of the Motion (which may be different from the date of filing of the Motion) and click Next.

10. Answer deadline is displayed. Click Next.

11. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Official Procedure Last Change August 11, 2017

Motion for Stay Pending Appeal / Withdrawal of Reference

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Stay Pending Appeal/Withdrawal of Reference, Motion for

FRBP 8007

General Information

Full information on the Appeals process

• There is generally a stay of execution upon judgments, order or decrees for a period of fourteen days after entry. However, this does not stay execution of a judgment, order or decree during the pendency of the appeal. A Request for Stay Pending Appeal must be filed in order to obtain this relief.
• A Motion for Stay pending appeal can be filed and ruled on in Bankruptcy Court or in District Court. If filed in District Court, the Bankruptcy Court will be notified.

Filing requirements

• Motion must be signed by the filing party.
• A Certificate of Service must accompany the Motion.
• A proposed order must be uploaded. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Stay Pending Appeal/Withdrawal of Reference, Motion for from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the appropriate box next to the Order to which your Motion relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change March 15, 2018

Motion for Withdrawal of Reference

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Withdrawal of Reference, Motion for Things to be aware of when filing: This event should not be used to withdraw a document on a case. View instructions on how to withdraw a document

FRBP 5011 S. D. Ind. B-5011-1

General Information

• A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.
• Responses to the Motion are due 14 days from the date of service of the Motion. If no responses are received in that time, the motion is transmitted to District Court. View instructions on filing a response
• If a response is received during the 14 day period, the opposing party has 14 days to file a reply. Once the 14 days have elapsed, the motion along with the response and reply, if filed, is transmitted to District Court.
• Any objections filed to the Motion for Withdrawal of Reference are heard by District Court.
• The case will continue to move forward in the Bankruptcy Court until District Court grants the motion.
• If an entire case or adversary proceeding is being withdrawn to District Court, the Bankruptcy Court will close the affected case 30 days after the District Court grants the motion.

Filing requirements 

• A Withdrawal of Reference filing fee is due.
• The Motion must be filed in the Bankruptcy Court, not in District Court.
• The motion must clearly state that relief is being sought from the District Court.
• The Motion must be signed by the filing party.
• A certificate of service must accompany the Motion.
• A designation of record must be filed along with the Motion. This may be included in the PDF with the Motion, or filed separately using the Designation of Record re: Withdrawal of Reference (including Additional Items) event.
• It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Withdrawal of Reference, Motion for from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. At the category selection screen, click Next.

9. Select the appropriate docket entry, then click Next:

• If the Motion seeks to withdraw the entire case to District Court, select docket entry #1.
• If the Motion seeks to withdraw an adversary case to District Court, select the appropriate adversary docket entry.
• For withdrawal of any other issue to District Court, select the first document filed on that issue.

10. Enter the date the motion was served, as shown on your Certificate of Service.

11. Select the appropriate radio button re: Designation of Record, then click Next.

12. Response date is calculated and displayed. Click Next.

13. If you indicated that the Designation of Record is attached, the Designation of Additional Items due date is calculated and displayed. Click Next.

14. Select prefix text, if applicable, and click Next.

15. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change March 31, 2016

Motion to Extend Time to Appeal Under Rule 8002(d)

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Extend Time to Appeal Under Rule 8002(d), Motion to

FRBP 8001 - 8003

General Information

Full information on the Appeals process

• A 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(d) should be filed.
• The maximum extension that can be granted is 21 days. 

Filing requirements

• Motion must be signed by the filing party.
• A Certificate of Service must accompany the Motion.
• Filing party is responsible for uploading a proposed order. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extend Time to Appeal Under Rule 8002(d), Motion to from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select prefix text, if applicable, and click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

10. Upload proposed order.

Official Procedure Last Change February 18, 2020

Notice of Appeal

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Notice of Appeal or Notice of Appeal, Amended Things to be aware of when filing: A copy of the order or judgment being appealed must be attached to the Notice.

28 USC 1930 - Bankruptcy Fees in accordance with the Judicial Conference Schedule of Fees, ¶14 FRBP 8002 - 8004

General Information

Full information on the Appeals process

• In order to appeal an order or judgment entered by the Bankruptcy Court, a Notice of Appeal must be filed within 14 days of 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.
• If filing an Amended Notice of Appeal (for instance, to cure a deficiency as advised by the Court), the Notice of Appeal, Amended event should be used in order to prevent ECF from charging a second filing fee.
• A notice of appeal may relate to more than one order or judgment.

Filing requirements

• An Appeal Filing (including any Cross Appeal and/or Joint Appeal) requires a docketing fee for all filers except the United States (e.g. US Trustee). This fee is required for any Notice of Appeal, regardless of whether it is a Cross Appeal or a Joint Appeal. View current fees
• The Notice of Appeal must be filed using Official Form 417A.
• The Notice must be signed by the filing party.
• A copy of the order or judgment being appealed must be attached to the Notice. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Notice of Appeal from the event list and click Next.

Note: If filing an Amended Notice of Appeal, you must choose Notice of Appeal, Amended from the event list to prevent ECF charging a second filing fee.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the appropriate box next to the order or judgment that you are appealing and click Next.

9. Fee information is displayed. Click Next.

10. If you have already filed a Motion for Leave to Appeal, or are planning to, select the second radio button. Otherwise choose the first radio button. Click Next.

11. If you selected the first radio button in the above step, the Appellant Designation deadline is displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change July 24, 2023

Request for Certification for Direct Appeal to Court of Appeals

How to file:  Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Request for Certification for Direct Appeal to Court of Appeals Things to be aware of when filing: If all appellants and appellees are jointly filing the request, the Joint Certification event should be used.

FRBP 8006

General Information

Full information on the Appeals process

• A Request for Certification for Direct Appeal to Court of Appeals is a request to have an appeal heard by the Court of Appeals instead of first obtaining appellate review from the District Court.

• If all appellants and appellees are jointly filing the request, the Joint Certification for Direct Appeal event should be used.

• The Request for Certification must be filed with the Clerk of the court where the matter is pending.  A matter remains in the Bankruptcy Court for 30 days after the effective date of the first notice of appeal from a judgment, order, or decree for which direct review is sought. 

• If more than 30 days have passed since the effective date of the Notice of Appeal, the matter is considered pending in District Court and the Request for Certification must be filed with the District Court Clerk (FRBP 8006(b)).

• Any other party has 14 days from the service (not filing) date of the Request for Certification to file a response. The Bankruptcy Court will then rule on whether the request for a direct appeal should be granted, or whether the appeal will be heard instead by District Court.

• If the Direct Appeal is accepted by the Court of Appeals, a separate Authorized Direct Appeal fee will apply, in addition to the original Appeal Filing and Docketing fee. This does not apply to the United States (e.g. US Trustee). View current fees 

Filing requirements

• It is recommended that the Request for Certification be filed using Official Form B424.
• The Certification must contain a Certificate of Service. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Request for Certification for Direct Appeal to Court of Appeals from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Check the appropriate box next to the Notice of Appeal that you wish to be heard by the Court of Appeals and click Next.

10. Enter date of service of Request for Certification (as shown on its Certificate of Service) and click Next.

11. Response date is automatically calculated and displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change September 2, 2016

Request for Transcript

How to file:  Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Transcript, Request for Things to be aware of when filing: Use of the court's sample form is recommended.

FRBP 8009(b)

General Information

Full information on the Appeals process

• For cases on appeal, either a Request for Transcript must be filed by the Appellant or a Certification – Transcript not Ordered, which may be filed by any party.
• A written request must be filed by the requesting party.
• Upon receipt, the Court will contact the transcriptionist, who will file an Acknowledgement of Receipt of the Request for Transcript. The transcriptionist has 30 days to prepare and submit the transcript.
• The transcriptionist will file the transcript electronically via CM/ECF, upon which the Court will send out a notice to all creditors advising them of how to obtain
• a copy of the transcript and setting deadlines for filing a Request for Redaction. The transcriptionist will mail the Certification to the Court, which the Court will docket.
• For the first 90 days after the transcript is docketed, non-court users do not have access to view the transcript via PACER. Copies must be purchased directly from the transcriptionist, or the transcript may be viewed at no charge from a public terminal in the Clerk's office.
• After the 90 days has passed, the restriction is removed and the transcript is made accessible to all users via PACER.

Filing requirements

• Use of the court's sample form is recommended.
• The Request for Transcript must be signed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Transcript, Request for from the event list and click Next.

Note: For cases on appeal, a Request for Transcript or a Certification – Transcript not Ordered is required to be filed. A Request for Transcript must be filed by the Appellant; any party may file the Certification.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Select the minute entry that corresponds to the hearing for which you are requesting the transcript and click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change October 16, 2013

Response to Withdrawal of Reference

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Response-Withdrawal of Reference Things to be aware of when filing: This event should only be used to file a response to a Motion for Withdrawal of Reference. For any other kind of response, use the Search link in the blue bar at the top of CM/ECF to locate the most suitable event. Show me how

FRBP 5011 S. D. Ind. B-5011-1

General Information

• A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.
• Responses to the Motion are due 14 days from the date of service of the Motion. If no responses are received in that time, the motion is transmitted to District Court.
• If a response is received during the 14 day period, the opposing party has 14 days to file a reply. Once the 14 days have elapsed, the motion along with the response and reply, if filed, is transmitted to District Court.
• Any objections filed to the Motion for Withdrawal of Reference are heard by District Court.
• The case will continue to move forward in the Bankruptcy Court until District Court grants the motion.

Filing requirements 

• The Response must be filed in the Bankruptcy Court, not in District Court.
• The Response must be signed by the filing party.
• A certificate of service must accompany the Response.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Response-Withdrawal of Reference from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Response deadline (for the filing of a reply by the opposing party) is calculated and displayed. Click Next.

9. Select the Motion for Withdrawal of Reference to which the Response relates and click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change March 27, 2018

Statement of Evidence in Lieu of Transcript

How to file: Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Statement of Evidence in Lieu of Transcript

FRBP 8009, 8010

General Information

Full information on the Appeals process

• A Statement of Evidence in Lieu of Transcript can be filed if a transcript is unavailable for any reason (for example, the recording process failed). Any Response to this statement has its own docket event.

• The Bankruptcy Court will issue an Order. The Bankruptcy Court can designate additional items to be in this Statement if desired.

Filing requirements

• The Statement must be signed.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Statement of Evidence in Lieu of Transcript from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Statement relates and click Next.

9. Response due date is calculated and displayed. Click Next.

10. Click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Official Procedure Last Change December 29, 2016

Submission of Transcript to the Court

How to file: Location of event: Bankruptcy > File a Transcript > Transcript - Original/Amended

Step-by-Step Instructions

These instructions are for use by the transcriptionist only.

1. Log into CM/ECF.

2. Select Bankruptcy > File a Transcript.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Transcript - Original/Amended from the event list and click Next.

5. Browse to select the document to be filed (pdf file). Click Next.

6. Select the appropriate radio button and click Next.

7. Select the appropriate related document and click Next:

• If you selected A request for transcript was filed by an outside user (including USAT and UST) in step 6, relate to the relevant Request for Transcript.
• If you selected The Judge requested the transcript, relate to the minute entry that corresponds to the hearing that has been transcribed.
• If you selected This is an amended transcript, relate to the transcript being amended.

8. Enter the hearing date and matter being heard (re: is added automatically to the docket text) and click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.