Forum for Appeal; Elections

(a) Appeals to the BAP. Pursuant to 28 U.S.C. § 158(c)(1), all appeals from bankruptcy courts are to the BAP, unless one of the parties to the appeal elects to have the district court hear the appeal. (b) Election to Have District Court Hear Appeal. (1) Appellant Election; Waiver. To elect to have the district court hear the appeal, an appellant must indicate the election in the notice of appeal. The notice of appeal shall conform substantially to Official Form 17A. Failure to include a statement of election in a notice of appeal will result in a waiver of the right of election under 28 U.S.C. § 158(c)(1). (2) Appellee Election; Waiver. An appellee electing to have the district court hear the appeal shall file with the BAP, within 30 days from service of the notice of appeal, a statement of election that conforms substantially to Official Form 17B. Failure to elect within the time prescribed will result in a waiver of the right of election under 28 U.S.C. § 158(c)(1). Unless the BAP orders otherwise, the filing of any document(s) (other than a notice of appearance) by an appellee with the BAP or with the bankruptcy court in connection with an appeal prior to filing a statement of election will result in a waiver of any time remaining in the 30 day election period. (c) Transfer. The BAP may transfer an appeal to the district court to further the interests of justice or for any other reason the BAP deems appropriate including circumstances where a timely statement of election has been filed in a related appeal. The BAP clerk will notify the bankruptcy clerk of the transmission.