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USBC-EDNY Appeals Process (Revised 3/27/17)

Effective December 1, 2014, Part VIII of the Federal Rules of Bankruptcy Procedure governing bankruptcy appeals was substantially revised in order to align those rules with the Federal Rules of Appellate Procedure and updated to include electronic transmission, filing, and service.

This notice must be read together with the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Bankruptcy Procedure (FRBP), the Local Rules of the Eastern District of New York, and this Court’s Local Rules and Procedures.

1.

How Commenced; Deadline for Filing:
An appeal is commenced by the filing of a Notice of Appeal from a final order, or a notice of appeal and motion for leave to appeal from an interlocutory order (an interlocutory order is a provisional order which does not finally settle a matter.) The notice of appeal (and motion for leave to appeal, if applicable) must be filed electronically in CM/ECF (attorneys); or by submitting an original copy of the notice of appeal with the Clerk of the bankruptcy court within 14 days from entry of the challenged judgment or order. FRBP 8002. A cross appeal may be filed by an appellee within 14 days of the filing of the Notice of Appeal. The Notice of Appeal (or cross appeal) must be accompanied by a Civil Cover Sheet (required by District Court) and a copy of the order being appealed.

NOTE: The time for filing may be extended under certain circumstances i.e. One may file a motion to extend the period to appeal before its expiration. If granted, the appeal period may be extended for up to 21 days after it would have otherwise expired, or up to 14 days after the entry of the order granting said motion, whichever is later. FRBP 8002(d).

The bankruptcy court will promptly transmit the Notice of Appeal and Civil Cover Sheet to the district court. Upon receipt of the Notice of Appeal and Civil Cover Sheet, the district court will assign the matter to a judge, assign a case number and promptly notify the bankruptcy court and all parties to the appeal as to the date the appeal was docketed.  

2.

Filing Fee:
A fee of $298.00 is due upon the filing of a notice of appeal or cross appeal from a final judgment, order or decree. A fee of $5.00 is due upon the filing of a notice of appeal from an interlocutory order or decree.
 

3.

Service of Notice:
The Notice of Appeal must include all parties to be served, their attorneys if they are represented, and their correct addresses. The bankruptcy clerk serves the Notice of Appeal on the attorney of record for each party to the appeal (excluding the appellant). If a party that must be served does not have an attorney, the clerk will serve the party at the address provided on the Notice of Appeal.
 

4.

Leave to Appeal:
To appeal from an interlocutory order or decree, a party must file with the bankruptcy clerk, a Notice of Appeal AND a motion for leave to appeal. Rule 8004(a) and (b). The bankruptcy court will promptly transmit the Notice of Appeal and motion for leave to the district court. Rule 8004(c). The response to a motion for leave to appeal from an interlocutory order may be filed with the district court within 14 days after service of the motion. Further processing of the appeal, including designation of the record on appeal (see below), will be held in abeyance pending determination of the motion. The appeal will be TERMINATED if leave to appeal is denied.
 

5.

Appellant’s Designation:
Appellant's designation of record on appeal and statement of issues to be presented on appeal must be filed with the bankruptcy court and served within 14 days of the latest of: (a) the notice of appeal; or (b) entry of an order granting leave to appeal. A copy of the designation and statement shall be served by the appellant on the appellee. A Certificate of Service must be filed with the bankruptcy court as proof that proper service was made. If the appeal is of an order in an adversary proceeding, use the Certificate of Service for Adversary Proceeding form.
 

6.

Appellee’s Designation:
Within 14 days after service of the appellant’s designation and statement, the appellee may file with the bankruptcy court, and serve on the appellant a designation of additional items to be included in the record on appeal. A Certificate of Service must be filed with the bankruptcy court as proof that proper service was made. If the appeal is of an order in an adversary proceeding, use the Certificate of Service for Adversary Proceeding form.
 

7.

Transcripts:
If the record designated by any party includes a transcript of any proceeding or a part thereof, the party shall, immediately after filing the designation, call one of the court approved transcription service agencies to request a copy of a transcript. The written request for the transcript shall be filed with the bankruptcy court. The party requesting the transcript is responsible for the cost of transcription. Designated transcripts must be provided to the bankruptcy court in PDF format.
 

8.

Completion and Transmittal of Record:
It is the duty of the parties to ensure that a record on appeal is complete. An incomplete record will otherwise be transmitted to the district court. The Court sets a deadline for transmission of the record of 30 days from the earlier of the filing with the Court of the appellant’s designation of record, or from the deadline for such filing. If prior to transmittal a party to the appeal moves in the district court for a preliminary hearing, at the request of any party to the appeal a copy of the parts of the record as any such party shall designate will be transmitted to the district court.
 

9.

Remand:
If District Court remands an action for further proceedings, a motion for such further proceedings is to be made by the appropriate party within 21 days of the remand. LBR 8016-1
 

10.

ECF Registration (Attorneys only):
All documents must be filed electronically, both in the Bankruptcy Court and, once the record has been transmitted, in the District Court. Registration is required at both Courts. For information on ECF registration in the Bankruptcy Court, please visit:


Electronic Filing Procedures

For information on ECF registration in the District Court, please visit:

www.nyed.uscourts.gov