LBR 8003-1. LEAVE TO APPEAL FROM INTERLOCUTORY ORDERS
LBR 8003-1. LEAVE TO APPEAL FROM INTERLOCUTORY ORDERS(a) Applicability.
(1) This rule is applicable solely to appeals referred to the bankruptcy appellate panel.
(2) Leave to appeal from an interlocutory order to the district court is governed by
Rule 3 of Chapter IV, Local Rules of the District Court Governing Bankruptcy
Appeals, Cases and Proceedings.
(b) Motion for Leave to Appeal. Leave to appeal under 28 U.S.C. § 158(a) must be sought by filing a motion for leave with the clerk within the time provided by FRBP 8002 for filing a notice of appeal, with proof of service by the applicant in accordance with FRBP 8008(b).
(c) Content of Motion. A motion for leave to appeal must include all elements required by FRBP 8003(a).
(d) Answer. Within 14 days after service of the motion, an adverse party may file with the clerk an answer in opposition.
(1) Unless a party to the appeal has filed with the clerk of the bankruptcy appellate
panel a written objection to the disposition of the appeal by the bankruptcy appellate panel, the clerk will transmit the motion for leave to appeal and any answer thereto to the clerk of the bankruptcy appellate panel as soon as all parties have filed answers or the time for filing an answer has expired.
(2) If an objection is duly filed after the motion has been referred to the bankruptcy
appellate panel but before it has been determined, then the motion will be transferred to the district court for decision.
(3) The motion and answer will be considered without oral argument, unless otherwise
(f) Designation and Transmission of Record.
(1) If leave to appeal is granted, the clerk will notify counsel for appellant within 7
days. The record will be designated and transmitted and the appeal will be docketed in accordance with FRBP 8006 and 8007.
(2) The time fixed by FRBP 8006 and 8007 for designating and transmitting the record and docketing the appeal will run from the date of the notice by the clerk of entry of the order granting leave to appeal.