IN RE HUPP

BAP No. SC-07-1453-KPaJu, Bankruptcy No. 06-00198, Adversary No. 06-90127.

383 B.R. 476 (2008)

In re Paul HUPP, Debtor. Paul Hupp, Appellant, v. Educational Credit Management Corporation, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

January 18, 2008.


OPINION

KLEIN, Bankruptcy Judge:

Federal Rule of Bankruptcy Procedure 8001(e) requires that a "separate writing" be used to make an election under 28 U.S.C. § 158(c)(1) to have a bankruptcy appeal heard by the district court instead of the bankruptcy appellate panel. The question is whether that "separate writing" may include anything other than an election to have the district court hear the appeal. Consistent with the analysis in our decisions beginning...

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