APPEAL PROCESS REVISED (12/1/09) Please observe the following, pursuant to 28 USC 1930 and the Appendix thereto; Bankruptcy Rules 8001, 8002, 8003, 8004, 8006 and 8007; Local Rules 8004-1, 8007-1 and 8016-1; and established local practice in the Bankruptcy Court and District Court. (NOTE: CM/ECF cases are those assigned to the Court’s Electronic Case Filing System.) 1. How Commenced; Deadline for Filing: An appeal is commenced by the filing of a notice of appeal from a final order, or a notice of appeal and motion for leave to appeal from an interlocutory order (an interlocutory order is a provisional order which does not finally settle a matter.) The notice of appeal (and motion for leave to appeal, if applicable) must be filed electronically in CM/ECF; or by submitting an original copy of the notice of appeal with the Clerk of the bankruptcy court, generally within fourteen (14) days from entry of the challenged judgment or order. FRBP 8002. A cross appeal may be filed by an appellee within fourteen (14) days of the filing of the notice of appeal. The notice of appeal (or cross appeal) must be accompanied by a Civil Cover Sheet (required by District Court). NOTE: The time for filing may be extended under certain circumstances i.e. A motion to extend the period to appeal filed before its expiration, may extend the appeal period up to 21 days after it would have otherwise expired or up to 14 days after the entry of the order granting said motion, whichever is later. FRBP 8002(c)(2). 2. Filing Fee: A fee of $255.00 is due upon the filing of a notice of appeal or cross appeal from a final judgment, order or decree. A fee of $5.00 is due upon the filing of a notice of appeal from an interlocutory order or decree. 3. Service of Notice: Unless the appellant has already served notice of the filing of the notice of appeal (as evidenced by a certificate of service), the appellant must provide the Clerk with the e-mail address of each party to be served, or a list of parties who are not equipped to receive e-mail notification. The appellant must also provide the Clerk with sufficient copies of the notice and address labels for all such parties to be served. 4. Leave to Appeal: The response to a motion for leave to appeal from an interlocutory order may be filed by an adverse party within fourteen (14) days after service of the motion. When the time for filing an answer has expired, the notice of appeal, the motion for leave to appeal and any answer thereto will be transmitted by the Clerk to the District Court. Further processing of the appeal, including designation of the record on appeal (see below), will be held in abeyance pending determination of the motion. The appeal will be TERMINATED if leave to appeal is denied. American LegalNet, Inc. www.FormsWorkFlow.com 5. Appellant’s Designation: Appellant's designation of record on appeal and statement of issues to be presented on appeal are due within fourteen (14) days of the latest of: (a) the notice of appeal; (or up to 21 days from the entry of the judgment or order appealed from), (b) entry of an order granting leave to appeal; or (c) entry of an order disposing of the last timely motion outstanding of a type specified in Bankruptcy Rule 8002(b). A copy of the designation and statement shall be served by the appellant on the appellee. 6. Appellee’s Designation: Within fourteen (14) days after service of the appellant’s designation and statement, the appellee may file and serve on the appellant a designation of additional items to be included in the record on appeal. 7. Copy of Record: Designated items will appear as PDF attachments to docket entries. 8. Transcripts: If the record designated by any party includes a transcript of any proceeding or a part thereof, the party shall, immediately after filing the designation, the party must call one (1) of the court approved transcription service agencies to request a copy of a transcript. NOTE: All Transcripts must be provided to the court in PDF Format 9. Completion and Transmittal of Record: It is the duty of the parties to insure that a record on appeal is complete. An incomplete record will otherwise be transmitted, for disposal as the District Court shall determine. The Court sets a deadline for transmission of the record of thirty (30) days from the earlier of the filing with the Court of the appellant’s designation of record, or from the deadline for such filing. Upon receipt of the record, District Court will assign the matter to a judge, assign a case number and promptly notify the Bankruptcy Court and all parties to the appeal as to the date the appeal was docketed. If prior to transmittal a party to the appeal moves in District Court for a preliminary hearing, at the request of any party to the appeal a copy of the parts of the record as any such party shall designate will be transmitted to District Court. 10. Remand: If District Court remands an action for further proceedings, a motion for such further proceedings is to be made by the appropriate party within twenty one (21) days of the remand. 11. ECF Registration: All documents must be filed electronically, both in the Bankruptcy Court and, once the record has been transmitted, in the District Court. Registration is required at both Courts. For information on ECF registration in the Bankruptcy Court, please visit: American LegalNet, Inc. www.FormsWorkFlow.com www.nyeb.uscourts.gov/ecf_training_guide.html For information on ECF registration in the District Court, please visit: www.nyed.uscourts.gov/CM_ECF/Attorney_Registration/attorney_registration.html American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK CIVIL COVER SHEET This form is REQUIRED for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. IN RE: Bankruptcy Case No. Adv. Pro. No. (if applicable) Bankruptcy Appeal APPELLANTS APPELLEES ATTORNEYS (FIRM NAME, ADDRESS, TEL. NO.) ATTORNEYS (IF KNOW N) BASIS OF JURISDICTION: Federal Question CAUSE OF ACTION - 28:1334 Bankruptcy Appeal (W rite brief statement of cause.) NATURE OF SUIT: 422 Bankruptcy Appeal (801) RELATED CASE(S) IN DISTRICT COURT, IF ANY DISTRICT JUDGE DOCKET NUMBER C IVIL CASES AR E D EEMED R ELATED IF PEN DIN G C ASE IN VO LVED : G 1. PR O PER TY IN CLU D ED IN AN EAR LIER N U MBERED PEN D IN G SU IT G 2. SAME ISSUE OF FAC T O R G R O W S O U T O F TH E SAME TR AN SAC TIO N G 3. VALID ITY O R IN FR IN G EMEN T O F THE SAME PATENT C OPYR IG H T OR TR ADEMAR K Date: Signature of Attorney of Record: [or Appellant Pro Se] American LegalNet, Inc. www.FormsWorkFlow.com FOR COURT USE ONLY APPLYING IFP JUDGE MAG. JUDGE CIVIL COVER SHEET, Bankruptcy Appeal (cont’d) Did the cause of action arise in Nassau or Suffolk County? If YES, please indicate which county: I am currently adm itted in the Eastern District of New York and currently a m em ber in good standing of the bar of this court. YES G NO G Are you currently the subject of any disciplinary action(s) in this or any other state or federal court? YES G (If yes, please explain) NO G Please provide your bar code and e-m ail address below. Your bar code consists of the initials of your first and last nam e and the last four digits of your social security num ber, or any other four-digit num ber registered by the attorney with the Clerk of Court. This inform ation m ust be provided pursuant to local rule 11.1(b) of the local civil rules. Attorney Bar Code: E-Mail Address: USBC-84 [r.4/10/03]] American LegalNet, Inc. www.FormsWorkFlow.com