• Debtors and creditors must follow certain rules in appeals cases.judge image by dinostock from Fotolia.com
  
  In a bankruptcy case, the bankruptcy judge may hear a matter brought before it by a debtor or creditor. The judge makes his decision, and the party that the judge rules against may want to appeal the ruling. If that is the case, that party may pursue an appeal from a judgment, order or decree of a bankruptcy judge to a district court or bankruptcy appellate panel. The Federal Rules of Bankruptcy Procedure govern bankruptcy appeals.
  
  

Notice

• Federal Rule of Bankruptcy Procedure 8001 requires that the appellant give notice of an appeal. According to this rule, "The notice of appeal shall conform substantially to the appropriate Official Form; contain the names of all parties to the judgment, order or decree appealed from and the names, addresses, and telephone numbers of their respective attorneys; and be accompanied by the prescribed fee."
  
  

Timely Filing Notice

• According to Federal Rule of Bankruptcy Procedure 8002, the appellant must file the notice of appeal with the clerk of the bankruptcy court within 14 days of the date of the entry of the judgment, order or the decree appealed from. If the appellant does not give notice within a timely manner, the appeal may be dismissed. A party can ask for a time extension for filing the notice as long as the judgment, order or decree appealed from did not grant relief from an automatic stay; authorize the sale or lease of property or the use of cash collateral; authorize the obtaining of credit; authorize the assumption or assignment of an executory contract or unexpired lease; approve a disclosure statement; or confirm a debt repayment plan.
  
  

Motion for Appeal

• Federal Rule of Bankruptcy Procedure 8003 details the content that a motion for appeal should contain. In the motion for appeal, the appellant should include a statement of the facts necessary to an understanding of the questions to be presented by the appeal; a statement of those questions and of the relief sought; a statement of the reasons why an appeal should be granted; and a copy of the judgment, order or decree complained of and of any opinion or memorandum relating to the judgment, order or decree. If the appellant or his attorney has prepared briefs, affidavits or other papers to support the motion, these documents should be served and filed with the motion. The adverse party must file an answer with the clerk of the bankruptcy court within 14 days of service of the motion.