(1) Where to File; Fee. Notices of appeal shall be filed, with the filing fee, in the appropriate bankruptcy court. The filing fee is $255.00, or such other amount as may be prescribed by statute.

(2) Mistaken Filing. If a notice of appeal is mistakenly filed with the BAP, the Clerk shall follow the procedures set forth in Rule 8002(a) of the Federal Rules of Bankruptcy Procedure.

(1) Format. The notice of appeal must conform in substance to Official Form 17. The notice of appeal shall be accompanied by a filed, stamped copy of the bankruptcy court order or judgment from which the appeal is taken.

(2) Designation of Parties. The notice of appeal shall set forth the names of all parties to the judgment, order or decree appealed from as well as the names, addresses and telephone numbers of their respective attorneys. [The term 'et. al.' may not be used in the caption of the notice of appeal.]

(3) Signature. Every notice of appeal shall be signed by counsel for the appellant or, if unrepresented, by the appellant personally.

(1) Before Docketing. If an appeal has not yet been docketed in the BAP, it may be dismissed in the bankruptcy court upon the filing of a stipulation signed by all parties or on a proper motion and notice by all appellants.

(2) After Docketing. If an appeal has been docketed in the BAP, it may be dismissed by the parties in the manner set forth in Rule 8001(c)(2) of the Federal Rules of Bankruptcy Procedure. An appeal may also be dismissed on motion of all appellants, if no response or opposition is filed within ten (10) days after service of the motion, on terms and conditions determined by the BAP.

(1) Appeals to the First Circuit Bankruptcy Appellate Panel . All appeals from bankruptcy courts are to the BAP, unless an election is made under sub-section (2) of this Rule.

(2) Election to Have Appeal Heard by District Court . (i) Election by Appellant. An appellant electing to have an appeal heard by the district court pursuant to 28 U.S.C. § 158(c)(1) must file, with the notice of appeal, a separate written statement of election to have the appeal heard by the district court. The separate written statement shall include the case caption and be clearly entitled "Election to Proceed to District Court,"and be accompanied by sufficient copies of the statement to enable the bankruptcy court clerk to effect the notice required under subpart (d)(3) of this Rule. Failure to so elect at the time of filing the notice of appeal waives the right of election under 28 U.S.C. 158 ( c)(1) and Rule 8001(e) of the Federal Rules of Bankruptcy Procedure.   (ii) Election by Appellee. An appellee electing to have an appeal heard by the district court must file, within thirty (30) days from service of the notice of appeal, a separate written statement of election to have the appeal heard by the district court. The separate written statement shall include the case caption and shall be clearly entitled "Election to Proceed to District Court," and be accompanied by sufficient copies of the separate statement to enable the BAP Clerk to effect the notice required under subpart (d)(3) of this Rule. Except as otherwise ordered by the BAP, the filing of any paper [other than a notice of appearance] with the BAP or with the bankruptcy court by an appellee or any other party in interest prior to making an Election to Proceed to District Court shall be deemed a waiver of any time remaining in the thirty (30) day election period.   (iii) Consent. Failure to file a timely written election to have an appeal heard by the district court shall be deemed consent that the appeal be heard by the BAP.

(3) Procedure Upon Opt-Out. (i) If an appellant timely elects to have its appeal heard by the district court, the clerk of the bankruptcy court shall so notify the parties, the United States trustee and the BAP Clerk, by serving each with a copy of the separate written statement of election at the time service of the notice of the appeal is effected pursuant to Fed. R. Bankr. P. 8004. If an appellee so elects, the BAP Clerk shall notify the parties, the United States trustee, and the clerk of the bankruptcy court, by serving each with a copy of the separate statement of election immediately upon its filing.   (ii) Upon an effective election by an appellant, the bankruptcy court clerk shall direct the appeal to the district court in accordance with any established rules in the district. Upon an effective election by an appellee, the BAP Clerk shall transfer to the bankruptcy court all pleadings filed with the BAP and a certified copy of the BAP docket sheet.

(4) Challenges to Election. Challenges to the effectiveness of an election to proceed before the district court shall, in the case of an appellant's election, be referred to the district court for determination. In the case of an election by an appellee, such challenges shall be referred to the appropriate BAP judge(s).

(1) Translations Required. The Bankruptcy Appellate Panel will reject documents not in the English language unless translations are furnished. Whenever a party cites to a statute, rule or regulation, or an opinion of the Supreme Court of Puerto Rico or other court of Puerto Rico in an appendix, brief or at oral argument and the cited authority is not available in the bound English language volumes, an official, certified or stipulated translation thereof, with three conformed copies, shall be filed. Partial translations are acceptable if stipulated to by the parties or submitted by a party not less than 30 days before oral argument. Where partial translations are submitted by a party, opposing parties may submit, prior to oral argument, translations of such additional parts as they deem necessary for a proper understanding of the substance of any such statute, rule, regulation or holding.

(1) Place for Filing. If an appellant has not elected to proceed before the district court at the time its notice of appeal is filed, all motions relating to the appeal shall be filed with the BAP Clerk unless and until the case has been transferred to the district court. The BAP may not dismiss or finally dispose of an appeal within thirty (30) days from the date of service of the notice of appeal , but otherwise may fully consider and dispose of all motions filed within the thirty day period or until an election to proceed before the district court is made.

(2) Substantive Motions. Substantive motions (e.g.., motions for leave to appeal, to dismiss an appeal, to reduce bond, etc.) shall be forwarded by the BAP Clerk to the full panel for determination. Unless specifically directed by the panel, oral argument will not be held on motions.

(1) Presentation. At oral argument the parties may expect the Panel to have some familiarity with the briefs and the record on appeal. The Panel will permit no more than 15 minutes per side for oral argument unless a different time is announced by the Panel at the commencement of argument. Counsel shall adhere to the prescribed time limit by their own devices. Where more than one counsel argues on one side of a case, it is their responsibility to assure a fair division of the total time allotted. One or more cases posing the same issues arising from the same factual context may be treated as a single case for the purposes of this rule.

(2) Consequence of Failure to File Brief. A party who fails to file a brief is not entitled to be heard at oral argument, unless the Panel determines otherwise.

(1) If counsel believes that an unpublished disposition has precedential value in relation to a material issue in a case and that no published opinion would serve as well, such disposition may be cited provided a copy is served on all other parties in the case, as well as on the Panel.