Rule 8005 — Election to Have an Appeal Heard in the District Court Instead of the BAP

Fed. R. Bankr. P. 8005

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 8005
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 8005

Text

(a) FILING A STATEMENT OF ELECTION. To elect to have the dis-
trict court hear an appeal, a party must file a statement of elec-
tion within the time prescribed by 28 U.S.C. §158(c)(1). The state-
ment must substantially conform to Form 417A.
(b) SENDING DOCUMENTS RELATING TO THE APPEAL. Upon receiv-
ing an appellant’s timely statement of election, the bankruptcy
clerk must send all documents related to the appeal 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 has been filed, a party seeking to
determine the election’s validity must file a motion in the court
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 ap-
peal under Rule 8004 but fails to file a notice of appeal with the
motion, it must be treated as a notice of appeal in determining
whether the statement of election has been timely filed.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec.
1, 2024.)