How To ProcessOverviewUpdated: Wednesday, January 31, 2024Overview: A Motion for Leave to Appeal is a request to appeal an interlocutory order or decree of a bankruptcy court. The determination of the motion is decided by the District Court. Forms/RulesRules/Code Sections: 28 U.S.C. § 158(a)(3)FRBP 8004 Filing RequirementsFiling Requirements: Document in basic captioned format Notice of Appeal must also be filed separately Certificate of Service Filing Fee (see Fee Table) DocketDocket: Ensure Filing Requirements are met Select Bankruptcy or Adversary based on the type of case in which the order or judgment is being appealed Select Motions/Applications Enter case number (xx-xxxxx) Click Next Select the party filer Click Next If the party is not listed Use Add/Create New Party Click Next If you see the message: IMPORTANT: The following attorney/party association(s) will be created in this case. De-selecting a party association will result in the filing attorney NOT receiving Notices of Electronic Filing for that party. If this is a joint filing, review the list carefully to ensure that only parties represented by the filing attorney are selected. Remove the check mark from any party not represented by the filing attorney Click Next Select Leave to Appeal, Motion for (FEE) Click Next Answer the question: Does this motion include a completed notice of hearing? Browse to select the document to be filed (PDF) Click Next Answer the question: Is this an Amended Motion for Leave to Appeal? Click Next If Yes, verify linkage to the original motion If No, filing fee will appear Refer to existing events, if applicable Insert hearing information, if applicable (if hearing not included, click Next) Click the clock icon to select Hearing Time Click the calendar icon to select Hearing Date Click the drop-down menu to select Location Click Next If referring to existing events Select the category to which your event relates Click Next Select the appropriate event(s) to which your event relates Click Next Modify the docket text by using the drop-down and free text boxes to enter additional information, if necessary Click Next Verify docket text Click Next A summary of current charges box will appear If paying now Click Pay Now Select the applicable fee Click Next Click Pay Now Submit payment using the Online Payment screen If not paying now Click Continue Filing ‹ Appellee's Designation of Record on Appeal up Notice of Appeal (FEE) and Notice of Appeal (NO FEE - TRUSTEE) ›
