Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION No. 03-2594-CM Judges Carlos Murguia Acts Judiciary And Judicial Procedure — Bankruptcy Judges — Organization Of Courts — Appeals See more information ... Smart Summary Please sign up to generate summary. In Re DAVID NOVAK, Debtor MEMORANDUM AND ORDER CARLOS MURGUIA, District Judge On November 19, 2003, David Novak filed notice seeking review of the decision of the United States Bankruptcy Court. Pursuant to 28 U.S.C. § 158(c), an appeal from a United States Bankruptcy Court shall be heard by a three-judge bankruptcy appellate panel unless the appellant requests the appeal to be heard by the district court. Federal Rule of Bankruptcy Procedure 8001(e) makes clear that an appellant must specifically designate that the appeal be heard by the district court: "An election to have an appeal heard by the district court under 28 U.S.C. § 158(c)(1) may be made only by a statement of election contained in a separate writing filed within the time prescribed by 28 U.S.C. § 158(c)(1)." Novak included a hand-written document entitled "Notice of Appeal," in which he stated that he was appealing to the "10th Circuit Court of Appeals." Because Novak has not filed a separate writing and specifically elected to appeal to the United States District Court, in accordance with 28 U.S.C. § 158(c), jurisdiction lies with the United States Bankruptcy Appellate Panel of the Tenth Circuit. See 28 U.S.C. § 158(c); F.R.Bankr.P. 8001(e); 10th Cir. B.A.P. L.R. 8001-1. IT IS THEREFORE ORDERED that the clerk shall transfer this case to the United States Bankruptcy Panel of the Tenth Circuit.