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Filing an Appeal

Requesting Transcripts

If a party needs to request a transcript, it should be ordered within fourteen (14) days of filing the Notice of Appeal and Statement of Election. All Bankruptcy court hearings in the Northern District of Iowa are recorded using an Electronic Court Recording Operator (ECRO). To request a transcript of a court recorded hearing, order directly through the certified transcriber of your choice (see Other Service tab for list). The request should include the case name, case number, hearing date, court location, and issue presented at the hearing. The The transcriber will contact the Courtroom Deputy who inturn will provide the transcriptionist with an electronic court recording of the proceedings in FTR format. All certified transcript fees should be paid directly to transcriber or transcription company. The current transcript rates can be found here.

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 B417A) 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 you wish to appeal. 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 B417A) in Part 4 of the form. If no election is identified, 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 B417B). 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 you wish to appeal. 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 417A. 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 you wish to appeal. A Notice of Appeal and Statement of Election (Form B417A) must have the Optional election to have the 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 B417A may be found by Clicking here. Or, the appellee may file Form B417B: 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 fourteen (14) days after filing the Notice of Appeal and Statement of Election. Within fourteen (14) 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.