Appeals

A bankruptcy appeal filed in this district is appealed to the U.S. District Court for the Western District of New York. The procedure for filing an appeal is as follows:

NOTE: The Bankruptcy Court for the WDNY is a mandatory e-filing court. To properly 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, please refer to the Local Rules 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 commences with the filing of a Notice of Appeal with the Bankruptcy Clerk. Fed.R.Bankr.P. 8001(a). The Notice of Appeal must be filed within ten (10) days after the entry on the docket of the judgment, order, or decree from which the appeal is taken.

The Notice of Appeal should 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.

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 appeal.

Please refer to the Bankruptcy Fee Schedule or Bankruptcy Fee Compendium for the fee required for filing an appeal.

A Civil Cover Sheet (Form JS-44) must also be filed.

Direct 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).

Please refer to Federal Rules of Bankruptcy and Procedure 8001(f) for the requirements for a direct appeal.

A direct appeal must be e-filed in CM/ECF. To properly file a direct appeal, docket under BANKRUPTCY > APPEAL > NOTICE OF APPEAL and BANKRUPTCY > APPEAL > ELECTION TO APPEAL.