Motion for Leave to Appeal (updated October 17, 2016)

U.S. Bankruptcy Court for the Middle District of Georgia

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Middle District of Georgia

Rule: 8004-1

Jurisdiction: MDGAB

Bluebook Citation: Bankr. M.D. Ga. R. 8004-1

All Rules: Bankr. M.D. Ga. Local Bankruptcy Rules, complete index


Text

(a) In addition to the content required by FRBP 8004(b), a movant seeking leave to appeal shall include a brief argument as to why the judge should enter a certification that in the judge’s opinion the order being appealed involves: (1) a controlling question of law as to which there is substantial ground for difference of opinion; and (2) that an immediate appeal from the order may materially advance the ultimate termination of the litigation. (b) Any response to the motion filed by an adverse party shall include any argument in opposition to the Court certifying the appeal as outlined above. (c) The certification of the Bankruptcy Court will not bind the District Court which in its discretion may permit an appeal to be taken or deny the motion as that Court deems appropriate.

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