Notice of Appeal

Rev. 1/23/2019

 

28 U.S.C. § 158(a)

 

Fed. R. Bankr. P. 8001-8028

Miss. Bankr. L. R. 8001-1

 

 

An appeal from a judgment, order, or decree ("Judgment") of a bankruptcy judge begins with the filing of a notice of appeal with the bankruptcy clerk.

 

The appellant must file the notice of appeal with the bankruptcy clerk no later than 14 days after entry of the date the Judgment. See Fed. R. Bankr. P. 8002(a)

 

The notice must:

 

 

  • have a copy of the Judgment being appealed attached; and

 

 

If the appellant is appealing Interlocutory Order in addition to the Notice of Appeal, the appellant must also file a motion for leave to appeal.  If the court denies the motion for leave to appeal, the clerk must refund the appeal fee ($293 - the statutory fee ($5) fee is non-refundable).

 

 

Docket Events:

 

[Bankruptcy> Appeal> Notice of Appeal]

[Adversary> Appeal> Notice of Appeal]

 

*Filing Fee

 

*Appellant is:

  • U.S. Trustee - No fee due
     

  • Child support creditor - Pursuant to the 1994 Bankruptcy Act, the Judicial Conference exempted child support creditors and their representatives from the payment of certain fees.  There is no specific provision for waiver of appeal fees or various other statutory filing fees, such as the fee for filing an involuntary petition.  In the absence of an express statutory exemption, each court must determine whether payment of appeal fees by child support creditors or their representatives can be waived.

 

  • Case Trustee or Debtor in Possession - Filing fee is only payable from the estate.
     

  • In Forma Pauperis - If the court has entered an order approving an application to proceed In Forma Pauperis, the filing fee may be waived at the discretion of the bankruptcy court