ELECTION TO HAVE APPEAL HEARD BY THE DISTRICT

COURT; APPLICABLE RULES; DISMISSAL (a) Election to Have Appeal Heard by the District Court. Appellant's election to have the appeal heard by the district court shall be filed with the clerk of the bankruptcy court. Any other party's election shall be filed with the clerk of the bankruptcy appellate panel. The filing of any paper by an appellee with the bankruptcy appellate panel, except a Notice of Appearance, waives the time remaining in the thirty-day period to elect to have the appeal heard in district court. Until a timely election to have the appeal heard by the district court is filed, all motions and other papers shall be filed with the clerk of the bankruptcy appellate panel. (1) Timeliness of Election; Clerk's Duties. The election to have the appeal heard by the district court shall be made by using Official Form 417A or 417B, as applicable, or a form in substantial conformity with those forms. If any party makes a timely election to have the appeal heard by the district court, the clerk shall enter an order transmitting the appeal to the clerk of the district court. (2) Determination of Validity of Election. If any party questions the validity of the election, the clerk shall refer the question to a panel. (3) Cross-Appeals. If a party makes a timely election to have the appeal heard by the district court, any cross-appeal shall also be heard by the district court. Conversely, if no party makes a timely election to have the appeal heard by the district court, any cross-appeal shall be heard by the bankruptcy appellate panel. (b) Applicable Rules. These Rules are promulgated under the authority of Fed.R.Bankr.P. 8026 and the Judicial Council of the Eighth Circuit's resolution dated April 10, 1996, entitled "Order of the Judicial Council Establishing a Bankruptcy Appellate Panel." (1) Citation. These Rules will be known as the Local Rules of the United States Bankruptcy Appellate Panel for the Eighth Circuit and cited as: L.R. BAP 8th Cir. 1 (2) Effective Date. These Rules are effective January 1, 1997, as amended July 20, 2010, July 21, 2014, December 1, 2014, November 1, 2016, and December 1, 2023. (3) Federal Rules of Bankruptcy Procedure 8001 et seq. Part VIII of the Federal Rules of Bankruptcy Procedure (Rule 8001 et seq.) applies to proceedings in this court unless suspended as allowed by Fed.R.Bankr.P. 8028. (4) Other Applicable Rules. When Part VIII of the Federal Rules of Bankruptcy Procedure and these Rules are silent as to a particular matter of practice, the court may order application of the Federal Rules of Appellate Procedure or the Local Rules of the United States Court of Appeals for the Eighth Circuit. (c) Dismissal. If an appellant fails to comply with Part VIII of the Federal Rules of Bankruptcy Procedure or these Rules, the clerk shall notify the appellant that the appeal will be dismissed for want of prosecution unless the appellant remedies the default within fourteen days after the clerk issues the notice. If an appellant fails to remedy the default within the fourteen-day period, the clerk shall enter an order dismissing the appeal for want of prosecution and shall issue the mandate to the clerk of the bankruptcy court from which the appeal originated. After the appeal has been dismissed under this Rule, there is no remedy for default except by order of the court. The dismissal of an appeal shall not limit the court's authority to take disciplinary action against defaulting parties or counsel in appropriate cases. 2