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Cover Sheet For Direct Appeal Of A Bankruptcy Court Decision Form. This is a New York form and can be use in Bankruptcy Court Federal.
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Tags: Cover Sheet For Direct Appeal Of A Bankruptcy Court Decision, New York Federal, Bankruptcy Court
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
COVER SHEET FOR DIRECT APPEAL OF A BANKRUPTCY COURT DECISION
Case Caption [caption as described in Fed. R. Bankr. P.
7010 or 9004(b), as applicable]:
Bankruptcy Court Case No:
Bankruptcy Judge:
Bankruptcy Adversary Proceeding No. [if
applicable]:
District Judge [if applicable]:
District Court Civil No. [if applicable]:
Date and Document Number of Notice of
Appeal Filed in [ ] Adversary Proceeding
or [ ] Bankruptcy Case:
Date and Document Number of
Bankruptcy Court Judgment, Order or
Decree in [ ] Adversary Proceeding or
[ ] Bankruptcy Case:
[To answer questions below, place “X” on lines where appropriate:]
1. Who is certifying the direct appeal?
___Certification by Court (indicate below which court is certifying)
___Certification by Bankruptcy Court – district: ____________________
___Certification by District Court – district: _______________________
___ At request of one or more parties
___ On court’s own initiative
___ Court is required to make certification under 28 U.S.C. § 158(d)(2)(B)
___Certification by All Parties using Official Form 24 – district from which appeal is taken: _________________
2. Which paragraph of section 158(a) is applicable [28 U.S.C. § 158(a)]?
___28 U.S.C. § 158(a)(1): appeal of a final judgment, order or decree
___28 U.S.C. § 158(a)(2): appeal of an interlocutory order or decree issued under 11 U.S.C. § 1121(d)
___28 U.S.C. § 158(a)(3): appeal of an interlocutory order or decree [other than one issued under 11 U.S.C. §
1121(d)] requiring leave of the court [indicate below whether leave has been granted]
___ District Court has not yet granted leave
___ District Court has already granted leave [provide civil proceeding name and civil number, date of order,
name of judge, etc., in space provided below]
___________________________________________________________________________
3. Indicate basis for direct appeal [select one of the following]:
___ The judgment, order or decree involves a question of law as to which there is no controlling decision of the court
of appeals for this circuit or of the Supreme Court of the United States, or involves a matter of public importance.
___ The judgment, order or decree involves a question of law requiring resolution of conflicting decisions.
___ An immediate appeal from the judgment, order or decree may materially advance the progress of the case or
proceeding in which the appeal is taken.
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4. Indicate whether appellant has obtained a stay pending appeal and provide pertinent information pertaining to stay
(date of issuance, etc.):
Granted
______ Yes
______ No
Date and Court of Issuance:_________________________________
5. Provide below a brief description of the matter decided by the bankruptcy judge [example: Order Confirming Chapter
11 Plan]: ______________________________________________________________________________
6. Bankruptcy Judge: __________________________________________________________________
[For notifying bankruptcy judges, staff of the court of appeals should refer to the circuit clerk’s list of e-mail
addresses.]
Date: ____________
Submitted by: ________________________________
Name
________________________________
Title/Firm or Court
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