Information on Filing an Appeal

 

  • Requesting Transcripts
    If a party needs to request a transcript, it should be ordered within ten (10) days of filing of the Notice of Appeal and Statement of Election. To request a transcript of a court recorded hearing, submit the request in PDF (Portable Document Format) to the Courtroom Deputy. Include in your request the Case Name, Case Number, Date, Location, and the Issue presented at hearing. Email your request to the Courtroom Deputy at crsched@ianb.uscourts.gov. The Courtroom Deputy will call the requesting party with the estimated cost of the transcript. If the transcript is still desired, the Courtroom Deputy will mail/e-mail the transcript order form to the requesting party for signature. The signed transcript order form and a certified check made out to the transcriptionist must then be returned to the Court for processing.

    FRBP 8009(b)(1)(A)&(B) and FRBP 8009(b)(2)(A)&(B) require the appellant(s) and appellee(s) to either file a copy of the transcript order or file a certification that a transcript is not being ordered.

  • Pro Se Appeals
    The filing fee for a Notice of Appeal and Statement of Election (Form B17A) can be found on the Fee Schedules page. The exact amount must be paid in the form of cash, money order, or cashier's check, made payable to "Clerk, U.S. Bankruptcy Court." The fee must be paid at the time that the Notice of Appeal and Statement of Election is filed. A timely Notice of Appeal is filed within fourteen (14) days of the entry of the judgment, order, or decree appealed from. An appeal may be elected to the Bankruptcy Appellate Panel (BAP) or District Court by the appellant at the time of filing the Notice of Appeal and Statement of Election. A Notice of Appeal to District Court may be elected by the appellant at the time of filing the Notice of Appeal and Statement of Election (Form B17A) in Part 4 of the form. If no election, the Bankruptcy Appellate Panel (BAP) will hear the appeal. The Appellee(s) may elect to have the District Court hear the appeal by filing the Optional Appellee Statement of Election to Proceed in District Court (Form B17B). Instructions for completing these forms may be found by clicking here.

  • Bankruptcy Appellate Panel (BAP)
    Appeals to the (BAP) Bankruptcy Appellate Panel require a filing fee for the Notice of Appeal and Statement of Election. Click here for fee schedule. A timely Notice of Appeal is filed within fourteen (14) days of the entry of the judgment, order, or decree appealed from. When a Notice of Appeal and Statement of Election is filed, it will be automatically processed as an appeal to the Bankruptcy Appellate Panel unless the appellant elects to have the appeal heard by District Court on Form B17A. NOTE: All future filings pertaining to this appeal should be filed with the (BAP) Bankruptcy Appellate Panel.

  • District Court Appeals

    A timely Notice of Appeal is filed within fourteen (14) days of the entry of the judgment, order, or decree appealed from. A Notice of Appeal and Statement of Election (Form B17A) must have the Optional election to have appeal heard by District Court selected when the Notice of Appeal and Statement of Election is filed. The Notice of Appeal and Statement of Election form B17A may be found by Clicking here. Or, the appellee may file Form B17B: Optional Appellee Statement of Election to Proceed in District Court within 30 days of service of the Notice of Appeal and Statement of Election. The Notice of Appeal and Statement of Election is sent to District Court for opening of a case, but the appeal is not transmitted until the designations of record from the appellant(s) and appellee(s) have been filed. NOTE: Until the Record on Appeal has been certified to District Court, future filings pertaining to this appeal should be filed with the Bankruptcy Clerk’s Office.

    Docketing an Appellant and/or Appellee Designation of Record: The designation of record is due within ten (10) days after filing the Notice of Appeal and Statement of Election. Within ten (10) days after the service of the appellant's statement the appellee may file and serve on the appellant a designation of additional items to be included on the record on appeal. Check the Attorney Manual for complete instructions.