If a party disagrees with a judge's legal or factual conclusions from a proceeding, and the judge has entered an order or judgment that reflects the judge's ruling, the party who disagrees generally has four alternatives:
A) Motion to Vacate an Order or Judgment - When a party files a motion to vacate an order or judgment, the party identifies a specific order or judgment that is disagreed with and specifically discusses what the party thinks is incorrect with the judge's legal or factual conclusions. A motion to vacate an order or judgment is granted under limited circumstances. Refer to Federal Rules of Bankruptcy Procedure Rule 9024 and Local Bankruptcy Rule 9013-4.
B) Motion to Amend an Order or Judgment - A motion to amend an order or judgment is similar to a motion to vacate an order or judgment, and generally the same standards apply. However, a motion to amend an order or judgment is usually based on changed circumstances. Refer to Federal Rules of Bankruptcy Procedure Rule 9023 and Local Bankruptcy Rule 9013-4.
C) Appeal to the District Court or Bankruptcy Appellate Panel – If a party wishes to file an appeal to the District Court or the Bankruptcy Appellate Panel, a Notice of Appeal must be filed within 14 days of the entry of the Order or Judgment on the docket. If, for whatever reason, a party fails to file a Notice of Appeal within 14 days, the party must file a motion for permission to file a Notice of Appeal. A party may not file a Notice of Appeal later than thirty (30) days after entry of the Order or Judgment.
When an Appeal is filed, the matter is automatically referred to the Ninth Circuit Bankruptcy Appellate Panel ("BAP") unless the appellant files a separate Statement of Election to transfer the appeal to the U.S. District Court concurrently with the Notice of Appeal. Within a short period of time the appellee also has the opportunity to transfer the appeal to the U.S. District Court. When an appeal is directed to the BAP, an original and three (3) copies of the Notice of Appeal need to be filed, plus copies for the interested parties with self-addressed, stamped envelopes. When an appeal is directed to the District Court, an original and one (1) copy must be filed. See Fee Schedule to determine the cost for filing a Notice of Appeal.
D) Request that Matter be Directly Appealed to the Ninth Circuit Court of Appeals – If a party wishes to have the matter directly appealed to the Ninth Circuit Court of Appeals, the party must file a motion with the bankruptcy judge.
Appeals are very complex and are governed by many technical rules. Refer to the 8000 series of rules from the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules.
Download Form: Notice of Appeal