Text Size

LR 2200 - Bankruptcy Appeals

LR 2200-1 Authorization of Bankruptcy Appellate Panel (BAP) to Hear and Determine Appeals

Pursuant to 28 U.S.C. § 158(b)(6), this court authorizes a bankruptcy appellate panel ("BAP") to hear and determine appeals from judgments, orders, and decrees  in appeals originating in this district.

LR 2200-2 Documents Filed During the Election Period

Except as otherwise required or permitted by statute or Part VIII of the Rules of Bankruptcy Procedure, all documents relating to the appeal must be filed with the bankruptcy clerk during the election period set forth in  28 U.S.C. § 158(c)(1)(B).

LR 2200-3 Rules Governing Bankruptcy Appeals to Be Determined by the District Court After Filing of a Timely Election to Have District Court Hear Appeal

(a) General

The provisions of LR 2200-3 apply only after a party has timely filed a written election to have the district court hear an appeal.

(b) Place of Filing

Except as otherwise required or permitted by statute or Part VIII of the Rules of Bankruptcy Procedure, all documents required or permitted to be filed by the district or bankruptcy court local rules or orders or other applicable law are to be filed with the bankruptcy clerk until the district clerk dockets notice that the record has been transmitted or is available electronically. All documents filed in the appeal thereafter must be filed with the district clerk.

(c) Extensions

Except as otherwise required or permitted by statute or Part VIII of the Rules of Bankruptcy Procedure, all motions for extensions of time periods relating to appellate procedures are to be filed with the bankruptcy clerk and determined by a bankruptcy judge until the district clerk dockets notice that the record has been transmitted or is available electronically.

(d) Excerpt of Record

The excerpt of record that must accompany a brief as an appendix must contain true copies of all documents listed in Bankruptcy Rule 8018(b). Copies used for the excerpt of record may either be made from the document in the bankruptcy court file or from a copy of that document that has been retained by the party. Copies need not be certified by the bankruptcy clerk as a true copy of the original document. In deciding the appeal, the district court may consider only those portions of the bankruptcy court record that have been submitted in the excerpts of record.

(e) Time for Filing Briefs/Motions for Extension of Time To File Briefs

Any motion for extension of time to file a brief must be filed within the time limit for the filing of such brief and must be accompanied by a proof of service. The motion is to be supported by a declaration stating:

  1. When the brief was initially due;
  2. How many extensions of time, if any, have been granted;
  3. Reason(s) the extension is necessary;
  4. The specific amount of time requested; and
  5. The position of the opponent(s) with respect to the motion or why the moving party has been unable to obtain a statement of such position(s).

Appellant's failure to file a brief timely may result in the dismissal of the appeal. A brief received after the due date may be stricken unless it is accompanied by a motion for an extension of time and the motion is granted. The court has no obligation to consider a late brief. Sanctions may be imposed, such as the waiver of oral argument, monetary sanctions, or dismissal.


 

Amendment History to LR 2200
June 1, 2002
LR 2200 Rules numbers have been restyled to track the current district court local rules numbering format, e.g., LR 2200.1 has been renumbered to LR 2200-1.
LR 2202-2(a)(1) Reference to Fed.R.Bankr.P. 8001 are added to this subsection.
LR 2200-2(a)(2) The words "other than the original appellant" have been added to this subsection.
LR 2200-4 Amended the twenty-one day notice of appeal time limit to thirty (30) days to reflect current statutory language.
LR2200-6 Amended the twenty-one day notice of appeal time limit to thirty (30) days to reflect current statutory language.
November 1, 2002
LR 2200-3(b)(3) Language of subsection (b)(3) requiring submission of Local Form #800 deleted. Subsequent subsection renumbered.
December 1, 2009
Generally The word "shall" replaced by "must" or "will." The word "brief" replaced by "memorandum."
LR 2200-5 Title change and elimination of previous text. New subsections (a) Appeals in Which Timely Objection to BAP Determination Filed and (b) Appeals in Which Timely Objection to BAP Determination Not Filed added.
LR 2200-6 Edit of subsections (b) and (c), and rewrite of (e) Excerpt of Record.
LR 2200-6(f) Title change to include Motions For Extension of Time To File Memoranda and addition of criteria for the motions for extension of time, supporting documentation, and sanctions for untimely memoranda.
March 1, 2012
LR 2200-2(b) Edited to reflect changes in practice. Bankruptcy clerk no longer transmits any documents to the BAP within the time to object to BAP determination, and documents exchanged by the BAP and the bankruptcy clerk are done electronically.
LR 2200-2(c) Provision deleted.
LR 2200-3 Title reworded to include service of objection to BAP and dispositive orders regarding motions for leave to appeal.
LR 2200-3(a) Reworded heading and first sentence. Deleted requirement to attach certificate of service to original notice of appeal or motion for leave to appeal.
LR 2200-3(b) Deleted former LR 2200-3(b). Subsequent section relettered.
LR 2200-3(c) Relettered as LR 2200-3(b). Revised to indicate that a copy of any order disposing of a motion for leave to appeal is “served on the parties to the appeal.”
LR 2200-6(f) Spelled out the number of days for those referred to within the rule and modified subsection (3) from “Reasons why this extension is necessary” to “Reason(s) the extension is necessary.”
May 1, 2015
LR 2200-1 to LR 220-4 Changed to address provisions that were not consistent with Federal Rule of Bankruptcy provisions after their amendment in December 2014.

Feedback

Enter Your Name(*)
Please let us know your name.

Enter Your Email(*)
Please let us know your email address.

Phone Number
Please let us know your phone number.

Subject(*)
Please select a subject.

Message(*)
Please let us know your message.

(*)