Election to Have an Appeal Heard in the District Court Instead of the BAP

U.S Code last checked for updates: Feb 21, 2025

Rule 8005.

(a)

Filing a Statement of Election.

To elect to have the district court hear an appeal, a party must file a statement of election within the time prescribed by 28 U.S.C. § 158(c)(1). The statement must substantially conform to Form 417A.

(b)

Sending Documents Relating to the Appeal.

Upon receiving an appellant’s timely statement of election, the bankruptcy clerk must send all documents related to the appeal to the district clerk. A BAP clerk who receives a timely statement of election from a party other than the appellant must:

(1)

send those documents to the district clerk; and

(2)

notify the bankruptcy clerk that they have been sent.

(c)

Determining the Validity of an Election.

Within 14 days after the statement of election has been filed, a party seeking to determine the election’s validity must file a motion in the court where the appeal is pending.

(d)

Effect of Filing a Motion for Leave to Appeal Without Filing a Notice of Appeal.

If an appellant moves for leave to appeal under Rule 8004 but fails to file a notice of appeal with the motion, it must be treated as a notice of appeal in determining whether the statement of election has been timely filed.

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec. 1, 2024.)