A bankruptcy appeal filed in this district is appealed to the U.S. District Court for the Western District of New York. The general procedure for filing an appeal is as follows, although parties are urged to consult the Bankruptcy Rules for specific requirements:
- NOTE: The Bankruptcy Court for the WDNY is a mandatory e-filing court. To properly electronically file an appeal in CM/ECF, you must docket under BANKRUPTCY > APPEAL > NOTICE OF APPEAL and BANKRUPTCY > APPEAL > ELECTION TO APPEAL. If you have a waiver from e-filing, or are pro se party without an attorney, please refer to the Administrative Procedures for the requirements for filing an appeal in paper, or contact the Bankruptcy Clerk’s office.
- An appeal from a final judgment, order or decree of a Bankruptcy Judge is taken by the filing of a Notice of Appeal with the Bankruptcy Clerk. An appeal of an interlocutory judgment, order or decree is taken by the filing of a Notice of Appeal and motion for leave to appeal. See., Bankruptcy Rule 8001(a) and (b). The Notice of Appeal must be filed within the time allowed by the Bankruptcy Rules.
- The Notice of Appeal must conform to the Official Form and must contain the name(s) of all parties to the judgment, order, or decree appealed from, and the names, addresses, and telephone numbers of their respective attorneys, and be accompanied by a civil cover sheet (Form JS-44), and the statutory filing fee. See, Bankruptcy Court Miscellaneous Fee Schedule , 28 U.S.C. §1930.
- If an adversary proceeding is the subject of an appeal, the exact caption, the bankruptcy case number, and the adversary proceeding number must be noted on the Notice of Appeal.
In 2005, Congress added new provisions allowing direct appeals to the circuit court, bypassing the normal route through the district court. 28 U.S.C. § 158(d)(2). A party may take a direct appeal:
- Where “there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance” 28 U.S.C. 158(d)(2)(A)(i);
- If the case “involves a question of law requiring resolution of conflicting decisions” 28 U.S.C. 158(d)(2)(A)(ii); or
- “An immediate appeal…may materially advance the progress of the case or proceeding…” 28 U.S.C. 158(d)(2)(A)(iii).
See, Bankruptcy Rule 8001(f) for the requirements for a direct appeal.
A direct appeal must be electronically filed in CM/ECF, unless the filer has a waiver or is proceeding pro se. To properly file a direct appeal, docket under BANKRUPTCY > APPEAL > NOTICE OF APPEAL and BANKRUPTCY > APPEAL > ELECTION TO APPEAL.