Schafler

MEMORANDUM **

Schafler appeals an order of the District Court denying the motion to dismiss a contempt order issued by the Bankruptcy Court and denying Schafler’s motion to dismiss her Chapter 7 petition and revoke the discharge of her debts.

Schafler’s Notice of Appeal from the Bankruptcy Court’s order notes that she “appeals to the district court.” Schafler did not file a separate written document stating her intention to appeal to the District Court rather than to the Bankruptcy Appellate Panel. Jurisdiction over appeals *696 from the Bankruptcy Court is retained by the B.A.P unless a separate written statement is filed pursuant to Fed. R. Bankr.P. 8001(e), which states: “An election to have an appeal heard by the district court ... 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).” (emphasis added). See In re Ioane, 227 B.R. 181 (9th Cir.BAP1998) (Rule 8001(e)’s contemporaneous “separate written filing” requirement to be construed literally). Rule 8001(e)’s separate written document requirement is mandatory and jurisdictional. Appellant’s appeal can only be heard in the B.A.P, not the…