Except as otherwise provided in this Rule or elsewhere in these Rules, or unless otherwise ordered by the
District Court, appeals or motions for leave to appeal to the District Court from any judgment, order or
decree of a Bankruptcy Judge shall be governed by the applicable provisions of the Federal Rules of
Bankruptcy Procedure, Rules 8001 et. seq. and the Local
Rules of Bankruptcy Procedure of the United States Bankruptcy Court for this District, D.N.J. LBR 1001-1
et. seq. The appellant must comply with the provisions of Federal Rule of Bankruptcy Procedure 8009(b)
regarding a transcript order, if any.
(a) Appeals of Right. Upon the filing of a notice of appeal to the District Court, the Bankruptcy Clerk shall
promptly transmit the following to the District Court in accordance with Federal Rule of Bankruptcy Procedure
8003:
i. Notice of appeal;
ii. Judgment, order, or decree that is the subject of the appeal; and
iii. Appellate transmittal form.
(b) Appeals by Leave of Court. Upon the filing of the requisite motion for leave to appeal and notice of
appeal in accordance with Federal Rule of Bankruptcy Procedure 8004, the Bankruptcy Clerk shall promptly
transmit the following to the District Court:
i. Notice of appeal;
ii. Order or decree that is the subject of the appeal;
iii. Appellate transmittal form; and
iv. Motion for leave to appeal filed in accordance with all requirements under Local Civil Rule 7.1, unless the
motion is deemed to be emergent and subject to the requirements under Federal Rule of Bankruptcy Procedure
8013(a).
(c) Extensions of Time by a Bankruptcy Judge. Extensions of time for filing notices of appeal may be
granted by the Bankruptcy Judge in accordance with Federal Rule of Bankruptcy Procedure 8002(d). Extensions
of time for filing motions for leave to appeal and designations of the record or issues on appeal may be granted
by the Bankruptcy Judge under Federal Rule of Bankruptcy Procedure 8002(d)(3).
(d) Stays Pending Appeal to the District Court. When a motion is made in the District Court in accordance
with Federal Rule of Bankruptcy Procedure 8007(b) to stay a judgment, order or decree of a Bankruptcy Judge
or for any other relief pending appeal, the movant shall set forth the reasons why a stay should be granted and the
legal authorities supporting the stay, and file the following with its motion:
i. a copy of the judgment, order or decree that the movant seeks to have stayed;
ii. a copy of the Bankruptcy Judge’s order denying the movant’s motion to stay; and
iii. written decision(s) and/or transcript(s) of any oral decision(s) of the Bankruptcy Judge stating the reasons
for the orders referred to in paragraphs (1) and (2) of this subsection.
Such motion and any related objection(s) and replies shall be governed by the applicable provisions of Local
Civil Rule 7.1.
(e) Written Opinion. The Bankruptcy Judge whose order is the subject of an appeal may, within 10 days of
the docketing of the notice of appeal, file a written opinion in support of the order or a written supplemental
opinion that amplifies any earlier written opinion or recorded oral bench ruling or opinion.
(f) Motion to Expedite Appeal & Deadline to file. A motion to expedite an appeal must be filed within 14
days of the docketing of the appeal in the District Court. If the basis to expedite the appeal arises after the 14-day
period expires, a party to the appeal may file a motion to expedite the appeal within 7 days of the occurrence or
event that is the basis of the motion. A motion to expedite an appeal may be combined with an emergency motion
under Federal Rule of Bankruptcy Procedure 8013(d).
