Appeals in Bankruptcy Case

Notice of Appeal and Statement of Election

Pursuant to Federal Rule 8005(a)(1), Official Form B417A, combines the notice of appeal and the optional appellant(s) election to have the appeal heard by the District Court.

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Click on Appeal
  3. Enter Case Number and click Next
  4. Click on Notice of Appeal and Statement of Election and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
  6. Select BAP or District as Court for Appeal to be heard
  7. Choose who you represent
  8. If applicable, fee screen will appear, click Next
  9. List all parties to whom appeal in being served on
  10. Browse for your pdf document
    1. Do you have attachments to add?
    2. Select Yes and click Next
    3. Browse for your pdf document
    4. Select a Type from the drop down list and/or add in a description of the attachments
    5. Click Add to List
    6. Repeat for any additional attachments
    7. Click Next
  11. Select the appropriate event(s) to which your event relates and click Next
  12. Review docket text for correctness. NOTE - You may add additional text to help describe the docket event if necessary.
  13. If all is correct, click Next.
  14. You have a second chance to assure correct docketing of the event and you are given a reminder to redact. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.
  15. Pay Fee if applicable

Appellee Statement of Election to Proceed in District Court

New docket event and new Official Form B417B; Optional Appellee Statement of Election to Proceed in District Court, allows appellee to state its election to have an appeal heard by the district court rather than by the bankruptcy appellate panel.

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Click on Appeal
  3. Enter Case Number and click Next
  4. Click on Appellee Statement of Election to Proceed in District Court and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
  6. Browse for your pdf document
  7. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  8. Select the appropriate event(s) to which your event relates and click Next
  9. Click Next on Case Flag screen
  10. Review docket text for correctness.
  11. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Transcript Ordered Re: Appeal

Pursuant to Federal Rule 8009(b), a copy of the Transcript Order Form must be included when filing this event.

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Click on Appeal
  3. Enter Case Number and click Next
  4. Click on Transcript Ordered Re: Appeal and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
  6. Browse for your pdf document
  7. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  8. Select the appropriate event(s) to which your event relates and click Next
  9. Click Next on Case Flag screen
  10. Review docket text for correctness.
  11. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Certification of No Transcript Ordered

Pursuant to Federal Rule 8009(b), a certification is filed when a Transcript is not being ordered.

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Click on Appeal
  3. Enter Case Number and click Next
  4. Click on Certification of No Transcript Ordered and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
  6. Browse for your pdf document
  7. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  8. Select the appropriate event(s) to which your event relates and click Next
  9. Click Next on Case Flag screen
  10. Review docket text for correctness.
  11. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Statement of Evidence in Lieu of Transcript

Pursuant to Federal Rule 8009(c), an appellant is allowed to file a statement of evidence when a transcript is not available

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Click on Appeal
  3. Enter Case Number and click Next
  4. Click on Statement of Evidence in Lieu of Transcript and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
  6. Browse for your pdf document
  7. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  8. Select the appropriate event(s) to which your event relates and click Next (Do Not clear out the “Statement of Evidence in Lieu of Transcript Response Due Date.”)
  9. Click Next on Case Flag screen
  10. Review docket text for correctness.
  11. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Response to Statement of Evidence in Lieu of Transcript

Pursuant to Federal Rule 8009(c), responses to the statement of evidence must be filed within 14 days.

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Click on Appeal
  3. Enter Case Number and click Next
  4. Click on Response to Statement of Evidence in Lieu of Transcript and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
  6. Browse for your pdf document
  7. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  8. Click Next on the message screen “Select the Statement of Evidence in Lieu of Transcript AND the Notice of Appeal Events on the Next Screen”
  9. Select the appropriate event(s) to which your event relates and click Next
  10. Click Next on Case Flag screen
  11. Review docket text for correctness.
  12. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Designation of Contents

If Appeal is being heard by District Court, appellant must file either a Designation of Contents for inclusion in the Record on Appeal OR an Agreed Statement in Lieu of Record on Appeal

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Click on Appeal
  3. Enter Case Number and click Next
  4. Click on Designation of Contents and click Next
  5. Select the filing party
  6. Choose who you represent – Appellee or Appellant
  7. Browse for your pdf document
  8. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  9. Select the appropriate event(s) to which your event relates and click Next
  10. Click Next on the Case Flag screen
  11. Review docket text for correctness.
  12. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Agreed Statement in Lieu of Record on Appeal

Pursuant to Federal Rule 8009(d), parties are now allowed to file an agreed statement as the record on appeal.

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Click on Appeal
  3. Enter Case Number and click Next
  4. Click on Statement of Evidence in Lieu of Transcript and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
  6. Browse for your pdf document
  7. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  8. Select the appropriate event(s) to which your event relates and click Next (Do Not clear out the “Statement of Evidence in Lieu of Transcript Response Due Date.”)
  9. Click Next on Case Flag screen
  10. Review docket text for correctness.
  11. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Cross Appeal

Procedures to file document

  1. Choose Bankruptcy or Appeal as appropriate
  2. Enter Case Number and click Next
  3. Click on Cross Appeal and click Next
  4. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
    1. If your party is not listed, select Add/Create New Party
    2. Enter party's last/business name and click Search
    3. If party is now listed, select and click Select name from list
    4. If party is not listed, click Create new party
      1. Enter Last name, First names, Middle name if applicable, select the proper response from the Role drop-down list and click Submit. (NOTE - Address is not necessary if you are the attorney for the party you are entering. Service will be made upon you, as the attorney.) Repeat if you are adding more than one party.
    5. Your party should now be available to select and click Next
    6. Check box to create association if applicable, click Next
    7. Choose who you represent and click Next
  5. If applicable, fee screen will appear, click Next
  6. List all parties to whom you are providing service of this appeal including yourself and US Trustee and click Next
  7. Browse for your pdf document and click Next
  8. Select appropriate event to which your event relates and click Next
  9. Review docket text for correctness. NOTE - You may add additional text to help describe the docket event if necessary.
  10. If all is correct, click Next.
  11. You have a second chance to assure correct docketing of the event and you are given a reminder to redact. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Certification of Direct Appeal to District Court

Procedures to file document

  1. Choose Bankruptcy or Adversary as Appropriate
  2. Choose Appeal
  3. Enter Case Number and click Next
  4. Click on Certification of Direct Appeal to Circuit Court and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
    1. If your party is not listed, select Add/Create New Party
    2. Enter party's last/business name and click Search
    3. If party is now listed, select and click Select name from list
    4. If party is not listed, click Create new party
      1. Enter Last name, First names, Middle name if applicable, select the proper response from the Role drop-down list and click Submit. (NOTE - Address is not necessary if you are the attorney for the party you are entering. Service will be made upon you, as the attorney.) Repeat if you are adding more than one party.
    5. Your party should now be available to select and click Next
    6. Check box to create association if applicable, click Next
  6. Browse for your pdf document
  7. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  8. Answer Certification of Direct Appeal Submitted by prompt (Court on its own motion, Court upon request of Parties to Order, Judgment or Decree, or Majority of Appellants and Appellees)
  9. Select the appropriate Notice of Appeal event and click Next
  10. Review docket text for correctness.
  11. If all is correct, click Next. NOTE - You may add additional text to help describe the docket event if necessary.
  12. You have a second chance to assure correct docketing of the event and you are given a reminder to redact. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.

Statement of Issues re Direct Appeal to Circuit Court

Procedures to file document

  1. Choose Bankruptcy or Adversary as appropriate
  2. Choose Appeal
  3. Enter Case Number and click Next
  4. Click on Statement of Issues re: Direct Appeal to Circuit Court and click Next
  5. Select the filing party and click Next. NOTE - If you need to select more than one name, hold down your Ctrl key and select each name.
  6. If your party is not listed, select Add/Create New Party
    1. Enter party's last/business name and click Search
    2. If party is now listed, select and click Select name from list
    3. If party is not listed, click Create new party
      1. Enter Last name, First names, Middle name if applicable, select the proper response from the Role drop-down list and click Submit. (NOTE - Address is not necessary if you are the attorney for the party you are entering. Service will be made upon you, as the attorney.) Repeat if you are adding more than one party.
    4. Your party should now be available to select and click Next
  7. Check box to create association, if applicable and click Next
  8. Browse for your pdf document
  9. Do you have attachments to add?
    1. Select Yes and click Next
    2. Browse for your pdf document
    3. Select a Type from the drop down list and/or add in a description of the attachments
    4. Click Add to List
    5. Repeat for any additional attachments
    6. Click Next
  10. Select the appropriate Notice of Appeal event and click Next
  11. Review docket text for correctness. NOTE - You may add additional text to help describe the docket event if necessary.
  12. If all is correct, click Next.
  13. You have a second chance to assure correct docketing of the event and you are given a reminder to redact. If satisfied with your docket event, click Next. If you need to correct something, you can simply begin the docket event again.