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Frequently Asked Questions—Bankruptcy Court Appeals

Where do I file my notice of appeal?
You will file your notice of appeal with the Bankruptcy Court whose order or judgment you are appealing.

Are bankruptcy appeals heard by the District Court?
No. All bankruptcy appeals are forwarded to the Bankruptcy Appellate Panel of the Eighth Circuit unless a timely election is made to have the appeal heard by the District Court. The election must be filed with the notice of appeal filed with the Bankruptcy Court and It must be on a separate election form as indicated in the Local Bankruptcy Rules.

How much does it cost to file an appeal?
An appeal from a Bankruptcy Court decision or judgment costs the same as a civil or criminal appeal: $255.00.

What if I cannot pay the filing fee?
A bankruptcy appeal may be commenced In Forma Pauperis only if the court determines that the filing party meets the standards set forth under law. The motion to proceed In Forma Pauperis and an affidavit of financial status should be filed concurrent with the notice of appeal.

What documents do I need to file an appeal in my case?
A notice of appeal; payment in the amount of $255.00 or motion to proceed In Forma Pauperis and affidavit of financial status; a separate election form if you wish the appeal to be heard by the District Court instead of the Bankruptcy Appellate Panel.

What do I need to file for the record on appeal?
The record on appeal is prepared and filed by counsel in the case in accordance with the federal Rules of Bankruptcy Procedure, the Local Rules of the Bankruptcy Appellate Panel and the Local Rules of the Bankruptcy Court. For information on BAP Rules, forms and procedures, visit their web site at: http://www.ca8.uscourts.gov/newbap/bapFrame.html.

What should I do about transcripts?
If a transcript is required for the record, it must be ordered by the appellant within 10 days of filing the notice of appeal. Forms for ordering the transcript and information regarding costs may be obtained from the Bankruptcy Clerk's Office.

How many days do I have to file my appeal?
Appeals from a Bankruptcy Court decision, whether filed with the Bankruptcy Appellate Panel or the District Court, must be filed within 10 days of the decision or judgment being appealed.

Where can I obtain more information on appeals?
For more information regarding requirements, visit the web site for the 8th Circuit Bankruptcy Panel noted above and/or the Local Rules page for the Western District of Missouri.

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