8004:  Appeals: INTERLOCUTORY APPEAL

FRBP 8004 provides requirements to follow when a party wishes to file an appeal from an interlocutory order.

1. A party must file a motion for leave to appeal an interlocutory order AND file a Notice of Appeal.  In the Notice of Appeal, the party must indicate whether it wants the appeal to be heard by the Bankruptcy Appellate Panel (BAP) or the District Court.   The BAP or District Court is the court that will rule on the motion for leave to appeal an interlocutory order. 
2. The motion and the Notice of Appeal must be filed with the bankruptcy court; there is no hearing in the bankruptcy court.  However, the party seeking an appeal must file a Notice of Motion for Order Without Hearing, under LBR 9013-1(p).  The court has a form notice.  See link below.
3. 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.