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Appeals

The Appellant may file a Notice of Appeal with the Clerk of the Bankruptcy Court within 14 days of the date of the entry of the judgment or order along with a filing fee of $298. (Rule 8002)

 The Appellant files and serves on the Appellee a designation of the items to be included in the record on appeal and a statement of issues to be presented within 14 days after the filing of the notice of appeal. (Rule 8006)

The Appellee files and serves on the Appellant a designation of additional items to be included in the record on appeal within 14 days after the service of the Appellant's designation of items. (Rule 8006)

The Designation of Items listing the items to be included in the record on appeal should state the docket entry number and name of the pleading.

Exhibits - Any exhibit that is listed on the designation that is not a part of the court record must be digitized to a document in PDF format.

Transcripts

If the record designated by any party includes a transcript of any proceeding or a part thereof, the party shall immediately file with the Clerk of the Bankruptcy Court a transcript request on the order form available on the Clerk's Office web site - Transcript Order Form (Rule 8006)

Digital audio of a hearing is not an official transcript.  A transcript request must be filed to have the official transcript transcribed by a court approved transcriber.

Upon the filing of the transcript on the court record, the party must file an amended designation listing the docket entry number and transcript to be included in the record on appeal.

The appeal will not be transmitted to the District Court until all transcripts have been filed, even if past the proposed transmission date. (Rule 8007(b))

Dismissal of an Appeal

Before Transmission to District Court - If an appeal has not been transmitted and docketed by the District Court, the appeal may be dismissed by the bankruptcy judge upon the filing of a stipulation for dismissal signed by all parties, or on motion and notice by the Appellant. (Rule 8001(c)(1))

After Transmission to District Court - If an appeal has been docketed and the parties to the appeal sign and file with the clerk of the District Court an agreement to dismiss the appeal and pay any court costs or fees that may be due, the District Court may enter an order dismissing the appeal. An appeal may also be dismissed on motion by the Appellant. (Rule 8001(c)(2))

A Notice of Withdrawal of an appeal will not be accepted pursuant to Rule 8001(c).