Filing and Transmission of Election

(a) Appellant’s Statement of Election. To substantially conform to the appropriate Official Form pursuant to Fed. R. Bankr. P. 8005(a), an appellant’s statement of election to have an appeal heard by the district court must be included in the notice of appeal that is filed with the bankruptcy court. (b) Appellee’s Statement of Election. Any other party electing to have the appeal heard in the district court under 28 U.S.C. § 158(c)(1)(B) must file its statement of election with the BAP. 18 (c) Clerk Transmission of Election. If any statement of election to have the appeal heard in the district court is filed in the bankruptcy court, the bankruptcy court clerk’s office must promptly notify the BAP clerk’s office of such filing. 19 Rule 8006. Certifying a Direct Appeal to a Court of Appeals (a) Effective Date of a Certification. A certification of a bankruptcy court’s judgment, order, or decree to a court of appeals for direct review under 28 U.S.C. § 158(d)(2) becomes effective when: (1) it is filed; (2) a timely appeal has been taken under Rule 8003 or Rule 8004; and (3) the notice of appeal becomes effective under Rule 8002. (b) Filing the Certification. The certification must be filed with the clerk of the court where the matter is pending. For purposes of this rule, a matter remains pending in the bankruptcy court for 30 days after the first notice of appeal concerning that matter becomes effective under Rule 8002. After that time, the matter is pending in the district court or BAP. (c) Joint Certification by All Appellants and Appellees. (1) In General. A joint certification by all the appellants and appellees under 28 U.S.C. § 158(d)(2)(A) must be made using Form 424. The parties may supplement the certification with a short statement about its basis. The statement may include the information required by (f)(2). (2) Supplemental Statement by the Court. Within 14 days after the parties file the certification, the bankruptcy court —or the court where the matter is pending—may file a short supplemental statement about the certification’s merits. (d) Court’s Authority to Certify a Direct Appeal. Only the court where the matter is pending under (b) may certify a direct appeal to a court of appeals. The court may do so on a party’s request or on its own. (e) Certification by the Court Acting on Its Own. (1) Separate Document Required; Service; Content. A certification by a court 20 acting on its own must be set forth in a separate document. The clerk of the certifying court must serve the document on the parties to the appeal in the manner required for serving a notice of appeal under Rule 8003(c)(1). It must be accompanied by an opinion or memorandum that contains the information required by (f)(2)(A)–(D). (2) Supplemental Statement by a Party. Within 14 days after the court’s certification, a party may file with the clerk of the certifying court a short supplemental statement about the merits of certification. (f) Certification by the Court on Request. (1) How Requested. A party’s request for certification under 28 U.S.C. §158(d)(2)(A)—or a request by a majority of the appellants and of the appellees—must be filed with the clerk of the court where the matter is pending. The request must be filed within 60 days after the judgment, order, or decree is entered. (2) Service; Content. The request must be served on all parties to the appeal in the manner required for serving a notice of appeal under Rule 8003(c)(1). The request must include: (A) the facts needed to understand the question presented; (B) the question itself; (C) the relief sought; (D) the reasons why a direct appeal should be allowed, including which circumstance specified in 28 U.S.C. § 158(d)(2)(A)(i)–(iii) applies; and (E) the judgment, order, or decree, and any related opinion or memorandum. (3) Time to File a Response or a Cross-Request. (A) Response. A party may file a response within 14 days after the request 21 has been served, or within such other time as the court where the matter is pending allows. (B) Cross-Request. A party may file a cross-request for certification within 14 days after the request has been served or within 60 days after the judgment, order, or decree has been entered—whichever occurs first. (4) Oral Argument Not Required. Unless the court where the matter is pending orders otherwise, a request, a cross-request, and any response will be submitted without oral argument. (5) Form of a Certification; Service. The court that certifies a direct appeal in response to a request must do so in a separate document served on all parties to the appeal in the manner required for serving a notice of appeal under Rule 8003(c)(1). (g) Request for Leave to Take a Direct Appeal to a Court of Appeals After Certification. Within 30 days after the certification has become effective under (a), a request for leave to take a direct appeal to a court of appeals must be filed with the circuit clerk in accordance with Fed. R. App. P. 6(c). No local rule. 22 Rule 8007. Stay Pending Appeal; Bond; Suspending Proceedings (a) Initial Motion in the Bankruptcy Court. (1) In General. Ordinarily, a party must move first in the bankruptcy court for the following relief: (A) a stay of the bankruptcy court’s judgment, order, or decree pending appeal; (B) the approval of a bond or other security provided to obtain a stay of judgment; (C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending; or (D) an order suspending or continuing proceedings or granting other relief permitted by (e). (2) Time to File. The motion may be filed either before or after the notice of appeal is filed. (b) Motion in the District Court, the BAP, or Court of Appeals on Direct Appeal. (1) In General. A motion for the relief specified in (a)(1)—or to vacate or modify a bankruptcy court’s order granting such relief—may be filed in the court where the appeal is pending. (2) Required Showing. The motion must: (A) show that moving first in the bankruptcy court would be impracticable; or (B) if a motion has already been made in the bankruptcy court, state whether the court has ruled on it, and if so, state any reasons given for the ruling. (3) Additional Requirements. The motion must also include: 23 (A) the reasons for granting the relief requested and the facts relied on; (B) affidavits or other sworn statements supporting facts subject to dispute; and (C) relevant parts of the record. (4) Serving Notice. The movant must give reasonable notice of the motion to all parties. (c) Filing a Bond or Other Security as a Condition of Relief. The district court, BAP, or court of appeals may condition relief on filing a bond or other security with the bankruptcy court. (d) Bond or Other Security for a Trustee; Not for the United States. The court may require a trustee who appeals to file a bond or other security. No bond or security is required when: (1) the United States, its officer, or its agency appeals; or (2) an appeal is taken by direction of any federal governmental department. (e) Continuing Proceedings in the Bankruptcy Court. Despite Rule 7062—but subject to the authority of the district court, BAP, or court of appeals—while the appeal is pending, the bankruptcy court may: (1) suspend or order the continuation of other proceedings in the case, or (2) issue any appropriate order to protect the rights of all parties in interest.