Bankruptcy appeals to the District Court are governed by the Federal Rules of Bankruptcy
Procedure, particularly Rules 8001 through 8028, and the Local Rules of the Bankruptcy Court.
As is authorized by Federal Rule of Bankruptcy Procedure 8026, those rules are supplemented as
follows:
(a) Assignment. Appeals from orders or judgments entered by the Bankruptcy Court shall
generally be assigned in accordance with the Court’s Internal Operating Procedures. Appeals
from orders in a bankruptcy case or proceeding in which appeals have been taken from prior
orders in the same case or proceeding shall be regarded as similar actions and proceedings
under Local Rule 3.8 and it will be the continuing obligation of the Clerk of the District Court
and the attorneys of record to comply with Local Rule 3.8.
(b) Docketing of Notice of Appeal in District Court. All notices of appeal filed in the Bankruptcy
Court under Federal Rule of Bankruptcy Procedure 8003 and 8004 shall be electronically
transmitted promptly to the Clerk of the District Court by the Bankruptcy Clerk resulting in
the opening of a new civil case in District Court’s automated case management system
CM/ECF.
(c) Limited Authority of Bankruptcy Court to Enter Orders Prior to Transmittal of Record
to District Court. After the notice of appeal is electronically transmitted to the District Court
and a civil case is opened but before the record is transmitted to the District Court, the
Bankruptcy Court is authorized and directed to dismiss an appeal for appellant’s: (1) failure to
pay the prescribed filing fees; (2) failure to comply with the time limitations specified in
Federal Rule of Bankruptcy Procedure 8002; or (3) failure to file a designation of the items for
the record or copies thereof or a statement of the issues as required by Federal Rule of
Bankruptcy Procedure 8009, and Local Bankruptcy Rule 8009-1. The Bankruptcy Court is
further authorized and directed to hear, under
Federal Rule of Bankruptcy Procedure 9006(b), motions to extend the foregoing deadlines and
to consolidate appeals that present similar issues from a common record. The Bankruptcy
Court is also authorized to consider motions for stay pending appeal filed under Federal Rule
of Bankruptcy Procedure 8007(a). Bankruptcy Court orders entered under this subsection shall
be docketed in the Bankruptcy Court docket and transmitted to the District Court for docketing
in the District Court case. Bankruptcy Court orders entered under this subsection may be
reviewed by the District Court on motion filed in the District Court within fourteen (14) days
after entry of the order on the District Court docket. A motion seeking review shall be filed
pursuant to section (d) of this Local Rule.
(d) Motions for Stay and Other Intermediate Requests for Relief. Motions for stay pending
appeal filed in the District Court pursuant to Federal Rule of Bankruptcy Procedure 8007(b),
motions to review Bankruptcy Court orders entered under Federal Rule of Bankruptcy
Procedure 9006(b), and other motions requesting intermediate relief as set forth in Federal
Rule of Bankruptcy Procedure 8010(c), shall be filed in the District Court case opened upon
transmittal to the District Court of the notice of appeal and served on all parties. The movant
shall designate any relevant portions of the Bankruptcy Court record necessary for the District
Court to rule on the motion. It shall be the duty of the Clerk of the District Court immediately
to transmit a copy of the order ruling on said motion to the Clerk of the Bankruptcy Court.
Local Rules 5.1 and 7.1 shall apply to motions for stay and other motions seeking intermediate
appellate relief from the District Court.
(e) Motions for Leave to Appeal. A motion for leave to appeal and notice of appeal shall be filed
in the Bankruptcy Court pursuant to Local Bankruptcy Rule 8004-1 and served on all parties.
Upon transmittal of the notice, motion, and related documents to the District Court, a civil case
shall be opened as provided in subsection (b) of this Local Rule.
Upon disposition of the motion, the Clerk of the District Court immediately shall transmit a
copy of the District Court order to the Clerk of the Bankruptcy Court. If the motion for leave
to appeal is granted, the appeal will proceed under the original case number and the Clerk of
the Bankruptcy Court will prepare and transmit the record on appeal.
(f) Briefs.
(1) Briefing Schedule. The briefing schedule specified by Federal Rule of Bankruptcy
Procedure 8018 may be altered only by order of the District Court or by the
Bankruptcy Court in accordance with Rule 9038. If the Clerk of the District Court
does not receive appellant’s brief within the time specified by Federal Rule of
Bankruptcy Procedure 8018, and there is no motion for extension of time pending,
the Clerk of the District Court shall furnish to the judge to whom the appeal is
assigned a proposed order for dismissal of the appeal.
(2) Form and Length of Briefs. The form and length of briefs specified by Federal Rule
of Bankruptcy Procedure 8015, and summarized in the Federal Rules of Bankruptcy
Procedure Part VIII Appendix: Length Limits Stated in Part VIII of the Federal
Rules of Bankruptcy Procedures, may be altered only by the order of the District
Court. Failure to comply with Federal Rule of Bankruptcy Procedure 8015 may
result in the striking of a brief. District Court Local Rules 5.1 and 7.1 do not apply
to briefs governed by Federal Rule of Bankruptcy Procedure 8015.
(g) Oral Argument. Any party requesting oral argument shall make the request within the body
of the principal or reply brief, not by separate motion. The setting of oral argument is within
the discretion of the District Court.
(h) Judgment. Upon receipt of the District Court’s opinion, the Clerk of the District Court shall
enter judgment in accordance with Federal Rule of Bankruptcy Procedure 8024(a) and, in
accordance with Federal Rule of Bankruptcy Procedure 8024(b), immediately shall transmit to
each party and to the Clerk of the Bankruptcy Court a notice of entry together with a copy of
the District Court’s opinion.
(i) Appeal. If an appeal remains pending three (3) months after its entry on the District Court
docket, the appealing party shall file and serve on all parties a “Notice of 90 Days Expiring”
in the manner prescribed by Local Rule 7.1(b)(4).
(j) Notice. The Clerk of the Bankruptcy Court shall provide reference to this Local Rule with the
notice of appeal provided to each party in accordance with Federal Rule of Bankruptcy
Procedure 8003(c)(1). Failure to receive such a copy will not excuse compliance with all
provisions of this Local Rule.
(k) Court Discretion. This Local Rule is not intended to exhaust or restrict the District Court’s
discretion as to any aspect of any appeal.
(l) Sealed Documents. Pursuant to Federal Rule of Bankruptcy Procedure 8009(f), if a document
sealed by the Bankruptcy Court is to be included in the record on appeal, a motion must be
filed in the District Court to accept the sealed document and served on all parties. If the motion
is granted, the Bankruptcy Clerk promptly will transmit the sealed document to the District
Court Clerk.
Effective April 15, 1996. Amended effective April 15, 1999; April 15, 2007; April 15, 2009; April
15, 2010; December 1, 2011; December 1, 2015; December 2, 2019; December 1, 2023.
Authority
Former Local Rule 27; (1996) renumbered from Local Rule 87.2 (1993).
