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Notice Regarding Application of Certain Local Bankruptcy Rules - December 1, 2014
8005.1 - Procedure for Presenting Motion. [Repealed]
8006.1 - Duty of Bankruptcy Clerk to Include Copies of Items in the Record; Preparation and Transmittal of Duplicate Volume of these Copies.
- The clerk of the bankruptcy court shall include in the record on appeal, in this order, copies of (1) the notice of appeal, (2) the judgment, order, or decree appealed from, (3) any opinion, findings of fact, and conclusions of law of the bankruptcy court, and (4) the docket sheet. The copies shall be assembled as a separate volume of the record. After the pages in this volume are numbered in the manner prescribed by LBR 8006.4, the clerk shall prepare a duplicate copy of this volume. The duplicate copy shall be transmitted with the record on appeal to the clerk of the district court.
- The district clerk shall transmit to the district judge to whom the appeal is assigned the duplicate copy required by subpart (a) of this rule. This copy shall not be part of the record on appeal that is released pursuant to LBR 8006.6.
8006.2 - Duty of Parties to Provide Copies of Items for Inclusion in the Record. [Repealed]
8006.3 - Duty of Bankruptcy Clerk When Party Fails to Provide Copies of Designated Items; Prepayment Requirement. [Repealed]
8006.6 - Release, Circulation, and Return of Record on Appeal. [Repealed]
8009.1 - Duty of Bankruptcy Clerk to Index the Record on Appeal.
When the bankruptcy clerk prepares the record on appeal, the clerk shall include as the first document an index that notes the page numbers in the record where (1) the notice of appeal, (2) the judgment, order, or decree appealed from, (3) any opinion, findings of fact, and conclusions of law of the bankruptcy court, (4) the bankruptcy court docket sheet, and (5) the parties' designated items can be found.
8009.2 - Duty of Bankruptcy Clerk to Organize Items in the Record on Appeal.
When the bankruptcy clerk prepares the record on appeal, the following items shall be included after the index required by LBR 8009.1, in this order: (1) the notice of appeal, (2) the judgment, order, or decree appealed from, (3) any opinion, findings of fact, and conclusions of law of the bankruptcy court, and (4) the bankruptcy court docket sheet.
The bankruptcy clerk shall otherwise prepare the record on appeal as required or permitted by the Federal Rules of Bankruptcy Procedure, the local bankruptcy rules of this court, and any applicable administrative procedures that conform to Fed. R. Bankr. P. 8026.
8009.3 - Duty of Bankruptcy Clerk to Number the Record on Appeal.
The bankruptcy clerk shall consecutively number each page of the record on appeal.
8010.3 - Length of Briefs. [Repealed]
8010.4 - Citation of Supplemental Authorities. [Repealed]
8012.1 - Certificate of Interested Persons.
(a) The appellant and the appellee must file a “Certificate of Interested Persons,” certifying a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations, or other legal entities who or which are financially interested in the outcome of the appeal. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary. Each such certificate shall also list the names of opposing law firms and/or counsel in the case.
(b) The appellant must file a Certificate of Interested Persons no later than 7 days, and the appellee must file a certificate no later than 14 days, after the district clerk dockets the appeal under Fed. R. Bankr. P. 8003(d)(2) or 8004(c)(2).
8014.1 - Citations to the Record.
The requirement of Fed. R. Bankr. P. 8014(a)(8) and 8014(b) that the argument contain citations to the parts of the record relied on must be satisfied by citing the record page number assigned by the bankruptcy clerk pursuant to LBR 8009.3 (e.g., R. 105). The brief must not cite a transcript or document only by its own page (e.g., Hearing Tr. 10 or Contract p. 7), but may contain such a citation if the specific record page is cited first (e.g., R. 105, Hearing Tr. 10).