(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 Cir. 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.

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As amended 3/17/15, 3/17/07, 3/17/06, 6/18/97.

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U.S. Federal Court District of Kansas


U.S. Federal Court District of Kansas