NOTICE OF APPEAL
U.S. Bankruptcy Court for the Middle District of Florida
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Notices of appeal filed under Fed. R. Bankr. P. 8003 and 8004 shall be accompanied by an appeal cover sheet. The appeal cover sheet form is available on the Court’s website, www.flmb.uscourts.gov. __________________________ Notes of Advisory Committee 2015 This rule was formerly Local Rule 8001-1. It is amended and renumbered to correspond to the amendments and renumbering of the rules in Part VIII of the Federal Rules of Bankruptcy Procedure. This amendment to the rule is effective July 1, 2015.
Rule 8003-2 DISMISSAL OF APPEALS The District Court’s Amended General Order Establishing Protocols for Processing Bankruptcy Appeals, Case No. 3:21-mc-1-TJC (Doc. No. 156), authorizes the Bankruptcy Court to dismiss or conditionally dismiss appeals under the following circumstances: (a) appeals that are not filed within the time period specified in Fed. R. Bankr. P. 8002; (b) appeals where appellant has failed to pay the filing fee and has not obtained leave to proceed with the appeal in forma pauperis; and (c) appeals where appellant has failed to timely file the designation of record and statement of issues on appeal. In each case, an aggrieved party in interest has the right to request review by the District Court within 14 days of entry of the Bankruptcy Court’s dismissal order. Parties should consult the District Court’s Amended General Order Establishing Protocols for Processing Bankruptcy Appeals for further details. _______________________ Notes of Advisory Committee 2025 Amendment This amendment retitles and renumbers the rule (formerly Local Rule 8002-1 Dismissal of Untimely Appeals) and expands it to include provisions of the District Court’s Amended General Order Establishing Protocols for Processing Bankruptcy Appeals entered on October 29, 2024, which includes provisions that allow the Bankruptcy Court to dismiss untimely appeals, appeals that are filed without the filing fee, and appeals in which the appellant fails to timely file the designation of record and statement of issues on appeal.
The amendment also adds a provision that an aggrieved party has the right to request District Court review of the Bankruptcy Court’s dismissal order within 14 days. This amendment to the rule is effective August 15, 2025. This new rule establishes procedures for dismissal of appeals that are filed after the time period specified in Fed. R. Bankr. P. 8002. This new rule is effective August 1, 2023.
2023 Rule 8007-1 STAY PENDING APPEAL; POSTING BONDS (a) Posting a Bond; Court Order Required. The bankruptcy court, district court, or court of appeals may condition a stay pending appeal on the posting of a bond with the bankruptcy court under Fed. R. Bankr. P. 8007(c). Bonds must be delivered to the Clerk of the United States Bankruptcy Court for the Middle District of Florida. A copy of the Court order directing the posting of a bond must accompany all bonds.
The Clerk will not accept a bond without a Court order. (b) Release of Bond. The Clerk will maintain all bonds posted under this rule in the Clerk’s safe until receipt of a Court order directing release. A Court order is required for the Clerk to release a bond.
(c) Docket Entry. The Clerk will file a docket entry reflecting the posting of a bond in the case or adversary proceeding. _______________________ Notes of Advisory Committee 2023 This new rule establishes the procedure for implementing Fed. R. Bankr. P. 8007(c) that requires the posting of a bond pending appeal if ordered by the bankruptcy court, district court, or circuit court of appeals. This new rule is effective August 1, 2023. Rule 8009-1 COMPLETION OF RECORD - APPEAL Requests for Transcripts.
A transcript purchase order form, available on the Court’s website, www.flmb.uscourts.gov, shall accompany a request for transcript filed under Fed. R. Bankr. P. 8009(b). ___________________________ Notes of Advisory Committee 2015 This rule was formerly Local Rule 8007-1. It is renumbered to correspond to the amendments and renumbering of the rules in Part VIII of the Federal Rules of Bankruptcy Procedure. This amendment to the rule is effective July 1, 2015.