Leave to Appeal (Motion)

Rev. 1/22/2019


Fed. R. Bankr. P. 8004


28 U.S.C. § 158(a)(3)



For a party to appeal from an interlocutory order, the party must file with the bankruptcy clerk:





Motion - None

Notice of Appeal - $298.00 ($293 appeal fee and $5 statutory fee)


Note: If the court denies the motion the bankruptcy clerk must refund the $293 appeal fee; the $5 statutory fee is non-refundable.



Within 14 days after the appellant serves the motion, the appellee must file a response or cross-motion with the district court.  See Fed. R. Bankr. P. 8004(b)(2)



Docket Events:


[Bankruptcy> Motions/Applications> Leave to Appeal]

[Adversary> Motions/Applications> Leave to Appeal]




Motion with Certificate of Service

Notice of Appeal [Notice must conform substantially to Official Form 417A. See Fed. R. Bankr. P. 8003(a)(3)]