Motion for Leave to Appeal

Rev. 09/30/14

MOTION FOR LEAVE TO APPEAL

 Overview:       

Motions for Leave to Appeal are appeals with leave of the court from interlocutory (interim, temporary, not final) judgments, orders or decrees of a bankruptcy judge as permitted by 28 U.S.C. 158(a)(3) entered in cases and proceeding referred to the bankruptcy judges under 28 U.S.C. 157 (Title 11 and core proceedings arising out of Title 11).  An appeal under this subsection shall be taken only to the district court for the judicial district in which the bankruptcy judge is serving.  They shall be taken by filing a notice of appeal as prescribed in FRBP 8001(a) and accompanied by a motion for leave of appeal prepared in accordance with FRBP 8003 and proof of service in accordance with Rule FRBP 8008.

The filing should be accompanied by the Motion and Proposed Order.

For order format, please see Proposed Orders.

 Codes, Rules and Forms:

Bankruptcy Code:

28 USC 157 & 158(a)(3)

Bankruptcy Rule:

8001-8007

Local Rule:

8006-1 & 8007-1

Local Form:

None

 

CM/ECF Event(s):

            Appeal, Motion for Leave to Appeal