(a) Notice of Appeal and Motion for Leave to Appeal. To appeal from an interlocutory order or decree of a bankruptcy court under 28 U.S.C. § 158(a)(3), a party must file with the bankruptcy clerk a notice of appeal as prescribed by Rule 8003(a). The notice must:
(1) be filed within the time allowed by Rule 8002;
(2) be accompanied by a motion for leave to appeal prepared in accordance with subdivision (b); and
(3) unless served electronically using the court’s transmission equipment, include proof of service in accordance with Rule 8011(d).
(b) Contents of the Motion; Response.
(1) Contents. A motion for leave to appeal under 28 U.S.C. § 158(a)(3) must include the following:
(A) the facts necessary to understand the question presented;
(B) the question itself;
(C) the relief sought;
(D) the reasons why leave to appeal should be granted; and
(E) a copy of the interlocutory order or decree and any related opinion or memorandum.
(2) Response. A party may file with the district or BAP clerk a response in opposition or a cross-motion within 14 days after the motion is served.
(c) Transmitting the Notice of Appeal and the Motion; Dock - eting the Appeal; Determining the Motion.
(1) Transmitting to the District Court or BAP. The bankruptcy clerk must promptly transmit the notice of appeal and the motion for leave to the BAP clerk if a BAP has been established for appeals from that district and the appellant has not elected to have the district court hear the appeal. Otherwise, the bankruptcy clerk must promptly transmit the notice and motion to the district clerk.
(2) Docketing in the District Court or BAP. Upon receiving the notice and motion, the district or BAP clerk must docket the appeal under the title of the bankruptcy case and the title of any adversary proceeding, and must identify the appellant, adding the appellant’s name if necessary.
(3) Oral Argument Not Required. The motion and any response or cross-motion are submitted without oral argument unless the district court or BAP orders otherwise.
(d) Failure to File a Motion With a Notice of Appeal. If an appellant timely files a notice of appeal under this rule but does not include a motion for leave, the district court or BAP may order the appellant to file a motion for leave, or treat the notice of appeal as a motion for leave and either grant or deny it. If the court orders that a motion for leave be filed, the appellant must do so within 14 days after the order is entered, unless the order provides otherwise.
(e) Direct Appeal to a Court of Appeals. If leave to appeal an interlocutory order or decree is required under 28 U.S.C. § 158(a)(3), an authorization of a direct appeal by the court of appeals under 28 U.S.C. § 158(d)(2) satisfies the requirement. (Added Apr. 25, 2014, eff. Dec. 1, 2014.)
added in current removed in current
Compared to current version (2025).
(a) Notice of Appeal and Accompanying Motion for Leave to Appeal. To appeal from an interlocutory order or decree of a bankruptcy court under 28 U.S.C. § 158(a)(3)under 28 U.S.C. § 158(a)(3) from a bankruptcy court’s interlocutory order or decree, a party must file with the bankruptcy clerk a notice of appeal as prescribed byunder Rule 8003(a). The notice must:
(1) be filed within the time allowed by Rule 8002;
(2) be accompanied by a motion for leave to appeal prepared in accordance with subdivision (b); and
(3) unless served electronically using the court’s transmission equipmentelectronicfiling system, include proof of service in accordance with Rule 8011(d).
(b) Contents of the Motion for Leave to Appeal; Response.
(1) Contents. A motion for leave to appeal under 28 U.S.C. § 158(a)(3) must include the following:
(A) the facts necessaryeded to understand the question presented;
(B) the question itself;
(C) the relief sought;
(D) the reasons why leave to appeal should be granted; and
(E) a copy of the interlocutory order or decree and any related opinion or memorandum.
(2) Response. AWithin 14 days after the motion for leave is served, a party may file with the district or BAP clerk a response in opposition or a cross-motion within 14 days after the motion is served.
(c) Transmitt.
(c) Sending the Notice of Appeal and the Motion for Leave to Appeal; Dock - eting the Appeal; Determining the Motion.
(1) Transmitting to the District Court or BAP. The bankruptcy clerk must promptly transmit the notice of appeal and the motion for leave to the BAP clerk iOral Argument Not Required.
(1) Sending to the District Court or BAP. If a BAP has been established foto hear appeals from that district -and thean appellant has not elected to have the district court hear theappeal heard in the district court- the bankruptcy clerk must promptly send to the BAP clerk the notice of appeal and the motion for leave to appeal. Otherwise, the bankruptcy clerk must promptly transmitsend the notice and motion to the district clerk.
(2) Docketing in the District Court or BAPAppeal. Upon receiving the notice and motion, the district or BAP clerk must docket the appeal under the title of the bankruptcy case and the title of any adversary proceeding, and must identify the appellant, adding the appellant’s name if necessary.
(3) Oral Argument Not Required. The motion and any response oras prescribed by Rule 8003(d)(2).
(3) Oral Argument Not Required. Unless the district court or BAP orders otherwise, a motion, a cross-motion, arnd any response will be submitted without oral argument unless the district court or BAP orders otherwise.
(d) Failure to File a Motion With a Notice offor Leave to Appeal. If an appellant timely files a timely notice of appeal under this rule but does notfails to include a motion for leave to appeal, the district court or BAP may order the appellant to file a motion for leave, or:
(1) treat the notice of appeal as a motion for leave and eitherto appeal and grant or deny it. If the court; or
(2) orders thate appellant to file a motion for leave be filed, the appellant must do soto appeal within 14 days after the order ishas been entered, -unless the order provides otherwise.
(e) Direct Appeal to a Court of Appeals. If leave to appeal an interlocutory order or decree is required under 28 U.S.C. § 158(a)(3), an authorization ofby a direct appeal by the court ofcourt of appeals for a direct appeals under 28 U.S.C. § 158(d)(2) satisfies the requirement. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec. 1, 2024.)