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Appeals: COURTS: Bankruptcy Appellate Panel: Ninth Circuit

8000-1(c):  Appeals: COURTS: Bankruptcy Appellate Panel: Ninth Circuit

In adversary proceedings and contested matters, a party may wish to appeal a ruling made by the Bankruptcy Court.   

Generally, the party wishing to file an appeal starts by filing a "Notice of Appeal and Statement of Election" form with the bankruptcy court and paying appeal fees to the bankruptcy court.  The Notice of Appeal form generally must be filed no later than 14 days after the court enters an order or judgment that sets forth the ruling (see FRBP 8002).  Some parties file their Notice of Appeal before the court enters the order or judgment on the court docket; this is authorized.

On the Notice of Appeal form, the party must indicate whether they want to appeal the order or judgment to the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) or appeal the ruling or judgment to the District Court for the Central District of California.

Then, the bankruptcy court promptly files a Notice of Referral of Appeal and delivers it to either the BAP or the District Court to open an appellate court file.  The Notice of Referral is also sent to all parties to the appeal and contains information on how to order transcripts that can be used during the appeal.

The link below accesses the BAP website and provides a contact phone number, information, and a tool to search BAP opinions.     

BAP Telephone Number -- 626-229-7220    

Appeal Fees -- Please see the link below    

Multiple Appeals or Cross-Appeal -- More than one party may file a Notice of Appeal of a ruling, order, or judgment within the original 14-day time period, or within 14-days after the first party files a Notice of Appeal.      

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
8000-1(c)
Reference to Common Topics: