A motion for a stay of the judgment, order, or decree of a bankruptcy judge, for approval of a supersedeas bond, or for other relief pending appeal must ordinarily be presented to the bankruptcy judge in the first instance. Notwithstanding Rule 7062 but subject to the power of the district court and the bankruptcy appellate panel reserved hereinafter, the bankruptcy judge may suspend or order the continuation of other proceedings in the case under the Code or make any other appropriate order during the pendency of an appeal on such terms as will protect the rights of all parties in interest. A motion for such relief, or for modification or termination of relief granted by a bankruptcy judge, may be made to the district court or the bankruptcy appellate panel, but the motion shall show why the relief, modification, or termination was not obtained from the bankruptcy judge. The district court or the bankruptcy appellate panel may condition the relief it grants under this rule on the filing of a bond or other appropriate security with the bankruptcy court. When an appeal is taken by a trustee, a bond or other appropriate security may be required, but when an appeal is taken by the United States or an officer or agency thereof or by direction of any department of the Government of the United States a bond or other security shall not be required.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
A motion for(a) Filing a sStay of the judgtement, order, or decree of a bankruptcy judge, for approval of a supersedeas bond, or for otf Election. To elect to have the district court hear relief pending appeal must ordinarily be presented to the bankruptcy judge in the first instance. Notwithstanding Rule 7062 but subject to the power of the district court and the bankruptcy appellate panel reserved hereinafter, the bankruptcy judge may suspend or order the continuation of other proceedings in the case under the Code or make any oan appeal, a party must file a statement of election within the time prescribed by 28 U.S.C. § 158(c)(1). The statement must substantially conform to Form 417A.
(b) Sending Documents Relating to the Appeal. Upon receiving an appellant’s timely statement of election, the bankruptcy clerk must send all documents related to ther appropriate order during the pendency of an appeal on such terms as will protect the rights of all parties in interest. A motion for such relief, or for modification or termination of relief granted by a bankruptcy judge, may be made to the district court or the bankruptcy appellate panel, but the motion shall show why the relief, modification, or terminaeal to the district clerk. A BAP clerk who receives a timely statement of election from a party other than the appellant must:
(1) send those documents to the district clerk; and
(2) notify the bankruptcy clerk that they have been sent.
(c) Determining the Validity of an Election. Within 14 days after the statement of election whas not obtained from the bankruptcy judge. The district court or the bankruptcy appellate panel may condibeen filed, a party seeking to determine the election’s validity must file a motion in the relief it grants under this rule on the filing of a bond or other appropriate security with the bankruptcy court. When an appeal is taken by a trustee, a bond or other appropriate security may be required, but when an appeal is taken by the United States or an offcourt where the appeal is pending.
(d) Effect of Filing a Motion for Leave to Appeal Without Filing a Notice of Appeal. If an appellant moves for leave to appeal under Rule 8004 but fails to file a notice of appeal with the motion, it must be treated as a noticer orf agency thereof or by direction of any department of the Government of the United States a bond or other security shall not be required.
(Asppeal in determining whether the statement of election has been timely filed. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended MaApr. 30, 19872, 2024, eff. AugDec. 1, 19872024.)