(a) Election-Where the Appeal Will be Heard. An appeal from a final or
interlocutory order of a bankruptcy judge in a case under Title 11, a proceeding
arising under Title 11, or a proceeding arising in or related to a case under Title 11
shall be heard by a panel of the 10th Circuit Bankruptcy Appellate Panel, unless
one or more of the parties to the appeal elects pursuant to 28 U.S.C. § 158(c)(1),
Fed. R. Bankr. P. 8005, and 10th Circuit B.A.P. Local Rule 8005-1 to have the
appeal heard in the District Court or the appeal is certified for direct appeal to the
Court of Appeals for the 10th Circuit under 28 U.S.C. § 158(d)(2).
(b) Procedure for Appeals to the District Court. Appeals to the District Court are
governed by 28 U.S.C. § 158(a), and the procedure shall be according to Part VIII
of the Federal Rules of Bankruptcy Procedure with the following modifications:
(1) A motion for leave to appeal an interlocutory order and any answer to the
motion shall be submitted without oral argument unless otherwise ordered.
(2) The time limits specified in Fed. R. Bankr. P. 8016(e) , 8017(e), and 8018
for filing briefs shall apply in appeals to the District Court unless the court
fixes different limits in a specific case on its own motion or the motion of a
party in interest.
(3) Fed. R. Bankr. P. 8022 shall not apply in this district unless, in the order
entered on the appeal, the district judge grants leave to file a motion for
rehearing.
(c) Procedure for Direct Appeals to the 10th Circuit. Direct appeals to the 10th
Circuit Court of Appeals are covered by 28 U.S.C. § 158(d)(2), and the procedures
shall be according to Fed. R. App. P. 5, and Fed. R. Bankr. P. 8006.
***
As amended 3/17/15, 3/17/07, 3/17/06, 6/18/97.
