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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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I filed a notice of apeal in my bk and bap took it under

Customer Question

I filed a notice of apeal in my bk and bap took it under submission, and filed a briefing schedule. But the opposution filed an election to have the appeal heard in district court. Im the appelant and i want case to be heard by bap how do i get it to stay there in bap?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Maverick replied 1 year ago.
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Expert:  Maverick replied 1 year ago.
Here is the law that applies. It states in relevant part: Upon receiving a timely statement of election by a party other than the appellant, the BAP clerk must transmit to the district clerk all documents related to the appeal and notify the bankruptcy clerk of the transmission. (c) Determining the Validity of an Election. A party seeking a determination of the validity of an election must file a motion in the court where the appeal is then pending. The motion must be filed within 14 days after the statement of election is filed. Notice the mandatory nature of the language used by this code section. It appears that the most you can do is try to challenge the validity of the election as set forth in (c). In other words, did the electing party do the following: (1) file a statement of election that conforms substantially to the appropriate Official Form; and(2) do so within the time prescribed by 28 U.S.C. §158(c)(1).