Notice of Appeal

12/01/2015

 

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 of a bankruptcy judge commences with the filing of a notice of appeal with the bankruptcy clerk.

 

A notice of appeal must:

 

  • be accompanied by the judgment, order, or decree, or the part of it being appealed and the prescribed fee. See Fed. R. Bankr. P. 8003(a)(3).

 

Appealing an Interlocutory Order requires the notice of appeal be accompanied by a motion for leave to appeal.  $298.00 ($293 - appeal fee and $5 statutory fee) is collected when the notice of appeal is filed.  If the motion for leave to appeal is denied the bankruptcy 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