2010 US Code
Title 11 - BANKRUPTCY
TITLE 11 - APPENDIX
FEDERAL RULES OF BANKRUPTCY PROCEDURE AND OFFICIAL BANKRUPTCY FORMS
Form 17

(Added Aug. 1, 1991; amended Mar. 14, 1995; Oct. 1, 1997; Dec. 1, 2002; Dec. 1, 2004.)

This form is derived from former Official Form No. 35. The form has been amended to indicate that a final order may be entered other than in an adversary proceeding.

The form is amended to reflect the amendments to 28 U.S.C. §158 concerning bankruptcy appellate panels made by the Bankruptcy Reform Act of 1994. Section 158(d) requires an appellant who elects to appeal to a district court rather than a bankruptcy appellate panel to do so “at the time of filing the appeal.”

The 1994 Act also amended 28 U.S.C. §158(a) to permit immediate appeal of interlocutory orders increasing or reducing a chapter 11 debtor's exclusive period to file a plan under section 1121 of the Code. The form is amended to provide appropriate flexibility.

The form has been amended to conform to Rule 8001(a), which requires the notice to 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. A party filing a notice of appeal pro se should provide equivalent information.

The form is amended to give notice that no filing fee is required if a child support creditor or its representative is the appellant, and if the child support creditor or its representative files a form detailing the child support debt, its status, and other characteristics, as specified in §304(g) of the Bankruptcy Reform Act of 1994, Pub. L. No. 103–396[394], 108 Stat. 4106 (Oct. 22, 1994).

The form is amended to reflect the 2003 abrogation of Form 16C.