FILING A PRO SE NOTICE OF APPEAL FROM A BANKRUPTCY COURT
Ten Day Deadline
Although it is always best to hire an attorney you may have to file the notice of appeal yourself before you hire an attorney if you are running short of time. Rule 8002 of the Federal Rules of Bankruptcy Procedure provides that the notice of appeal must be filed within 10 days from the entry of the judgment, order, or decree appealed from. Note that this is the date the court entered it on the docket, not necessarily the date it was signed by the judge, and definitely not the date you revceived notice of it in the mail. By the time you get notice by mail your ten days may already be gone.
Contents
The notice of appeal must contain the names of all parties to the order appealed from including the trustee and the United States Trustee, as well as the names, addresses, and telephone numbers of the attorneys for those parties. Be sure to list every party that participated in the hearing or the stage of the proceeding that is appealed from. You should err on the side of over-inclusion rather than under-inclusion because if you miss a party your appeal might be dismissed. It is also a good idea to name specifically the title, date, and docket number of the order appealed from. Note that this form does not contain an election to have the appeal heard by a district judge instead of a bankruptcy appellate panel in the circuits that have those panels. You may want to consult Alex Wathen or another attorney about this if you have time before filing your appeal as failure to elect the district court, in a separate document, at the time you file the notice of appeal waives that right. See Rule 8001(e). Note that this form is not appropriate if appealing from a district court or bankruptcy appellate panel to a court of appeals.
Filing
You should go in person and bring two copies to the bankruptcy court clerk's office and bring the fee in cash which is usually $255. Some courts may require additional copies. Do not mail it in or you will miss the deadline!
Click here to print or download the official form:
Form B17 Notice of Appeal
Instructions
“At the end of the seventh year you are to cancel the debts of those who owe you money.”
Deuteronomy 15:1
“Honest people are routinely taken advantage
of by powerful banks and finance companies
who know the rules. My goal is to level the
playing field.”
Alex Wathen
These are the silly disclaimers I am required to put here:
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Licensed to practice law in Texas, the United States District Court for the Southern District of Texas, the United States Courts of Appeals for the First, Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuits, as well as the United States Supreme Court. This site is neither sponsored, endorsed or approved by the law firm of Kubosh & Associates. Alex Wathen is solely responsible for its contents. This site provides only general information and is not a substitute for a face to face consultation with a bankruptcy attorney such as Alex Wathen. Neither is there ever an attorney client relationship created by the use of this site including the submission of any bankruptcy questions or other information. For more information contact Alex Wathen, 1619 Lubbock, Houston, TX 77007, (281) 999-9025