Rule 8004 — Leave to Appeal from an Interlocutory Order or Decree Under 28 U.S.C. §158(a)(3)

Fed. R. Bankr. P. 8004

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 8004
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 8004

Text

(a) NOTICE OF APPEAL AND ACCOMPANYING MOTION FOR LEAVE TO
APPEAL. To appeal 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 under 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 (b); and
(3) unless served electronically using the court’s electronic-
filing system, include proof of service in accordance with Rule
8011(d).
(b) CONTENTOFTHEMOTIONFORLEAVETOAPPEAL; RESPONSE.
(1) Content. A motion for leave to appeal under 28 U.S.C.
§158(a)(3) must include:

(A) the facts needed to understand the question pre-
sented;
(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. Within 14 days after the motion for leave is
served, a party may file with the district or BAP clerk a re-
sponse in opposition or a cross-motion.
(c) SENDING THE NOTICE OF APPEAL AND MOTION FOR LEAVE TO
APPEAL; DOCKETING THE APPEAL; ORAL ARGUMENT NOT REQUIRED.
(1) Sending to the District Court or BAP. If a BAP has been es-
tablished to hear appeals from that district—and an appellant
has not elected to have the appeal 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. Other-
wise, the bankruptcy clerk must promptly send the notice and
motion to the district clerk.
(2) Docketing the Appeal. Upon receiving the notice and mo-
tion, the district or BAP clerk must docket the appeal as pre-
scribed by Rule 8003(d)(2).
(3) Oral Argument Not Required. Unless the district court or
BAP orders otherwise, a motion, a cross-motion, and any re-
sponse will be submitted without oral argument.
(d) FAILURE TO FILE A MOTION FOR LEAVE TO APPEAL. If an appel-
lant files a timely notice of appeal under this rule but fails to in-
clude a motion for leave to appeal, the district court or BAP may:
(1) treat the notice of appeal as a motion for leave to appeal
and grant or deny it; or
(2) order the appellant to file a motion for leave to appeal
within 14 days after the order has 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 by a court of appeals for a direct appeal 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.)