Skip to main content

L.R. 8001 - Notice of Appeal and Filing Requirements A. General Requirements. A notice of appeal must conform substantially to Bankruptcy Official Form 417 A and contain the title and date of the order appealed, the names, addresses, and phone numbers of all parties (and their attorneys, if any) to the judgment, order, or decree appealed. If the party is not represented by an attorney and is not able to file electronically, the notice of appeal must be accompanied by a copy of the order being appealed and the filing fee (payable to the U.S. Bankruptcy Court). A separate notice of appeal and filing fee is required for each order being appealed. The filing fee and docketing fee can be found on the Court's web site. An appeal of an order denying reconsideration or similar relief may be included in the notice of appeal of the underlying judgment or order.

B. Appeals to the Bankruptcy Appellate Panel. In an appeal to the Bankruptcy Appellate Panel, the appellant must file with the Bankruptcy Court: 1. A notice of appeal (which requires a certificate of service); and 2. The filing fee. All documents filed after the notice of appeal must be filed with the Bankruptcy Appellate Panel unless the Federal Rules of Bankruptcy Procedure direct otherwise.

C. Appeals to the District Court. To appeal to the District Court, the appellant must file with the Clerk of the Bankruptcy Court: 1. The notice of appeal and any election to have the appeal heard by the District Court in substantial conformity to Bankruptcy Official Form 417 A (along with a certificate of service); 2. The filing fee; 3. The U.S. District Court cover sheet (available on the Bankruptcy Court's web site or the District Court's web site); and 4. The party's designation of record and issues on appeal. This must be filed with the notice of appeal or within the time permitted by Fed. R. Bankr. P. 8009(a)(1)(B). All documents filed after the notice of appeal, other than those documents listed above, must be filed with the District Court unless the Federal Rules of Bankruptcy Procedure direct otherwise.

D. Direct Appeal to the Circuit Court. To appeal directly to the Circuit Court of Appeals from the Bankruptcy Court, the appellant must file with the Bankruptcy Court: 1. The notice of appeal (which requires a certificate of service); 2. A Notice of Certification of Direct Appeal using Bankruptcy Official Form 424; and 3. The filing fee. If the direct appeal is authorized by the Circuit Court of Appeals, all documents filed after such authorization must be filed with the Circuit Court of Appeals unless the Federal Rules of Bankruptcy Procedure direct otherwise.