(a) When a party files a notice of appeal with the bankruptcy court clerk, and the
notice is not timely filed in accordance with Fed. R. Bankr. P. 8002(a); and the party did not file
a motion for extension of time in accordance with Fed. R. Bankr. P. 8002(c), the bankruptcy
court clerk shall forward the notice of appeal together with a “Certification of Noncompliance”
to the Clerk without assembling the record as provided for in Fed. R. Bankr. P. 8010(b). The
Clerk shall file the notice and certificate, assign a civil action number, and forward the file to a
District Judge to determine whether the party timely filed the notice of appeal or whether to
dismiss the appeal as untimely. If the District Judge determines that the party timely filed the
appeal or that the appeal should otherwise be perfected, the Clerk shall notify the bankruptcy
court clerk to complete the record promptly in accordance with Fed. R. Bankr. P. 8010(b).
(b) The Clerk shall issue a standard bankruptcy appeal scheduling notice at the time
of the filing of the record on appeal, a copy of which the Clerk shall serve on the parties via
CM/ECF, or by regular mail on a pro se party. There will be no oral argument unless the court
notifies the parties that oral argument is necessary.
i. Appellant’s brief, not to exceed 25 pages, is due forty (40) days from the
filing of the Court’s Scheduling Notice.
ii. Appellee’s brief, not to exceed 25 pages, is due forty (40) days from the filing
of the appellant’s brief.
iii. Appellant’s reply brief, not to exceed 10 pages, is due twenty (20) days from
the filing of the appellee’s brief.
(c) Appeals from a decision of the bankruptcy court shall be in accordance with 28
U.S.C. § 158 and applicable bankruptcy rules. The time to file briefs shall be in accordance with
the District Court’s Bankruptcy Appeal Scheduling Order.
(d) No party shall file a memorandum of law that exceeds twenty-five (25) pages in
length, unless that party obtains leave of the judge hearing the appeal prior to filing.
