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Rule 8001a. Election to Have Appeal Heard by the District Court;Applicable Rules; Dismissal , 9c34002198b9481a (2020)

the bankruptcy court, who shall process the appeal in accordance with Part VIII of the Federal Rules of Bankruptcy Procedure These Rules are effective January 1, 1997, as amended July 20, 2010. (3) Federal Rules of Bankruptcy Procedure 8001 et seq. When Part VIII of the Federal Rules of Bankruptcy Procedure and these Rules are silent as to a particular matter of practice, the court may order application

Rule 9029. Local Bankruptcy Rules; Procedure When There is No ControllingLaw , 9029 (2020)

Local Bankruptcy Rules; Procedure When There is No ControllingLaw (a) Local Bankruptcy Rules. F.R.Civ.P., to make and amend rules of practice and procedure which are consistent with — but not duplicative of — Acts of Congress and these rules and A judge may regulate practice in any manner consistent with federal law, these rules, Official Forms, and local rules of the district.

Rule 8018. Rules by Circuit Councils and District Courts; Procedure WhenThere is No Controlling Law , 8018 (2020)

of the judges of the council or district court, make and amend rules governing practice and procedure for appeals from orders or judgments of bankruptcy judges to the respective bankruptcy appellate panel or district court consistent with — but not duplicative of — Acts of Congress and the rules of this A bankruptcy appellate panel or district judge may regulate practice in any manner consistent with federal law, these rules, Official Forms, and local

Rule 1001. Scope of Rules and Forms; Short Title , 1001 (2020)

Scope of Rules and Forms; Short Title The Bankruptcy Rules and Forms govern procedure in cases under title 11 of the United States Code. The rules shall be cited as the Federal Rules of Bankruptcy Procedure and the forms as the Official Bankruptcy Forms. These rules shall be construed to secure the just, speedy, and inexpensive determination of every case and proceeding.

Rule 9002. Meanings of Words in the Federal Rules of Civil Procedure WhenApplicable to Cases Under The Code , 9002 (2020)

Meanings of Words in the Federal Rules of Civil Procedure WhenApplicable to Cases Under The Code The following words and phrases used in the Federal Rules of Civil Procedure made applicable to cases under the Code by these rules have the meanings indicated unless they are inconsistent with the context (3) "Clerk" or "clerk of the district court" means the court officer responsible for the bankruptcy records in the district.

Rule 7002. References to Federal Rules of Civil Procedure , 7002 (2020)

References to Federal Rules of Civil Procedure Whenever a Federal Rule of Civil Procedure applicable to adversary proceedings makes reference to another Federal Rule of Civil Procedure, the reference shall be read as a reference to the Federal Rule of Civil Procedure as modified in this Part VII.

Rule 9015. Jury Trials , 9015 (2020)

Jury Trials (a) APPLICABILITY OF CERTAIN FEDERAL RULES OF CIVIL PROCEDURE. Rules 38, 39, 47-49, and 51, F. R. Civ. P., and Rule 81(c) F. R. Civ. (b) Consent to have trial conducted by bankruptcy judge. ., and the bankruptcy judge has been specially designated to conduct the jury trial, the parties may consent to have a jury trial conducted by a bankruptcy

Rule 9032. Effect of Amendment of Federal Rules of Civil Procedure , 9032 (2020)

Effect of Amendment of Federal Rules of Civil Procedure The Federal Rules of Civil Procedure which are incorporated by reference and made applicable by these rules shall be the Federal Rules of Civil Procedure in effect on the effective date of these rules and as thereafter amended, unless otherwise provided by such amendment or by these rules.

Rule 9027. Removal , 9027 (2020)

(e) PROCEDURE AFTER REMOVAL. the bankruptcy judge. The rules of Part VII apply to a claim or cause of action removed to a district court from a federal or state court and govern procedure after removal.

Rule 5005. Filing and Transmittal of Papers , 5005 (2020)

A document filed by electronic means in compliance with a local rule constitutes a written paper for the purpose of applying these rules, the Federal Rules of Civil Procedure made applicable by these rules, and § 107 of the Code. clerk of the bankruptcy court.

Rule 8011a. Motions , efd886ba727b2389 (2020)

A party may move to dismiss an appeal for failure to comply with the Federal Rules of Bankruptcy Procedure or these Local Rules or any other Rule made court, a statement as to whether all grounds advanced in support of the motion brought before the panel were submitted to the bankruptcy court, and, if (if applicable); (B) A copy of the judgment, order, or decree from which the appeal is taken; (C) A copy of the bankruptcy court's order denying the

Rule 9001. General Definitions , 9001 (2020)

General Definitions The definitions of words and phrases in §§ 101, 902, 1101, and 1502 of the Code, and the rules of construction in § 102, govern In addition, the following words and phrases used in these rules have the meanings indicated: (1) "Bankruptcy clerk" means a clerk appointed pursuant (2) "Bankruptcy Code" or "Code" means title 11 of the United States Code.

Rule 8011. Motions , 8011 (2020)

A request for an order or other relief shall be made by filing with theclerk of the district court or the clerk of the bankruptcy appellate panel a motion The motion shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion, shall state with particularity A single judge of a bankruptcy appellate panel may grant or deny any request for relief which under these rules may properly be sought by motion, except

Rule 8016a. Duties of Clerk of District Court and Bankruptcy Appellate , 5f569d387c563157 (2020)

Duties of Clerk of District Court and Bankruptcy Appellate (a) Clerk of the Bankruptcy Appellate Panel. (1) Designation of Clerk. Unless it is inconsistent with the context, the word clerk in these rules means the Clerk of the United States Bankruptcy Appellate Panel for the Eighth All communications to the Bankruptcy Appellate Panel shall be addressed to: Clerk of the Court United States Bankruptcy Appellate Panel for the Eighth

Rule 8008. Filing and Service , 8008 (2020)

is to a bankruptcy appellate panel. Copies of all papers filed by any party and not required by these rules to be served by the clerk of the district court or the clerk of the bankruptcy The clerk of the district court or the clerk of the bankruptcy appellate panel may permit papers to be filed without acknowledgment or proof of service

Rule 8010. Form of Briefs; Length , 8010 (2020)

Unless the district court or the bankruptcy appellate panel by local rule otherwise provides, the form of brief shall be as follows: (1) Brief of the (b) Reproduction of statutes, rules, regulations, or similar material. rules, regulations, or similar material.

Rule 8019. Suspension of Rules in Part VIII , 8019 (2020)

Suspension of Rules in Part VIII In the interest of expediting decision or for other cause, the district court or the bankruptcy appellate panel may suspend the requirements or provisions of the rules in Part VIII, except Rules 8001, 8002, and 8013, and may order proceedings in accordance with the

Rule 7008. General Rules of Pleading , 7008 (2020)

General Rules of Pleading (a) Applicability of Rule 8 F.R.Civ.P. Rule 8 F.R.Civ.P. applies in adversary proceedings. In an adversary proceeding before a bankruptcy judge, the complaint, counterclaim, cross-claim, or third-party complaint shall contain a statement that the proceeding is core or non-core and, if non-core, that the pleader does or does not consent to entry of final orders or judgment by the bankruptcy

Rule 8018a. Admitting and Disciplining Attorneys , 0de4442d73f3eb15 (2020)

States Bankruptcy Appellate Panel for the Eighth Circuit. to comply with these Rules or any court Rule. The Bankruptcy Appellate Panel may direct the clerk to refer a disciplinary matter to the United States Court of Appeals for the Eighth Circuit.

Rule 1018. Contested Involuntary Petitions; Contested PetitionsCommencing Ancillary Cases; Proceedings to Vacate Order for Relief;Applicability of Rules in Part VII Governing Adversary Proceedings , 1018 (2020)

Contested Involuntary Petitions; Contested PetitionsCommencing Ancillary Cases; Proceedings to Vacate Order for Relief;Applicability of Rules in Part VII Governing Adversary Proceedings Unless the court otherwise directs and except as otherwise prescribed in Part I of these rules, the following rules Reference in the Federal Rules of Civil Procedure to the complaint shall be read as a reference to the petition.

Rule 2005. Apprehension and Removal of Debtor to Compel Attendancefor Examination , 2005 (2020)

the order, the debtor may be taken into custody under the order and removed in accordance with the following rules: (1) If the debtor is taken into custody without unnecessary delay before the nearest available United States magistrate judge, bankruptcy judge, or district judge. If, after hearing, the magistrate judge, bankruptcy judge, or district judge finds that an order has issued under this rule and that the person in custody

Rule 8013. Disposition of Appeal; Weight Accorded Bankruptcy Judge'sFindings of Fact , 8013 (2020)

Disposition of Appeal; Weight Accorded Bankruptcy Judge'sFindings of Fact On an appeal the district court or bankruptcy appellate panel may affirm, modify, or reverse a bankruptcy judge's judgment, order, or decree or remand with instructions for further proceedings. opportunity of the bankruptcy court to judge the credibility of the witnesses.

Rule 8016. Duties of Clerk of District Court and Bankruptcy AppellatePanel , 8016 (2020)

Duties of Clerk of District Court and Bankruptcy AppellatePanel (a) Entry of judgment. The clerk of the district court or the clerk of the bankruptcy appellate panel shall prepare, sign and enter the judgment following receipt of the opinion Immediately on the entry of a judgment or order the clerk of the district court or the clerk of the bankruptcy appellate panel shall transmit a notice

Rule 8017. Stay of Judgment of District Court or Bankruptcy AppellatePanel , 8017 (2020)

Stay of Judgment of District Court or Bankruptcy AppellatePanel (a) AUTOMATIC STAY OF JUDGMENT ON APPEAL. Judgments of the district court or the bankruptcy appellate panel are stayed until the expiration of 14 days after entry, unless otherwise ordered by the district court or the bankruptcy appellate panel.

Rule 8007a. Completion of the Transcript and Transmission of Record , 47d5b2f92b361173 (2020)

The clerk of the bankruptcy court shall supplement this preliminary record by transmitting to the clerk of the bankruptcy appellate panel notice of any the clerk of the bankruptcy court and the clerk of the bankruptcy appellate panel. Upon the filing of the transcript, the clerk of the bankruptcy court shall transmit an electronic copy of the transcript to the clerk of the bankruptcy

Rule 8005. Stay Pending Appeal , 8005 (2020)

Stay Pending Appeal A motion for a stay of the judgment, order, or decree of a bankruptcy judge, for approval of a supersedeas bond, or for other relief Notwithstanding Rule 7062 but subject to the power of the district court and the bankruptcy appellate panel reserved hereinafter, the bankruptcy judge A motion for such relief, or for modification or termination of relief granted by a bankruptcy judge, may be made to the district court or the bankruptcy

Rule 8007. Completion and Transmission of the Record; Docketing ofthe Appeal , 8007 (2020)

of the bankruptcy appellate panel and the action of the clerk shall be entered in the docket and the parties notified. If the reporter does not file the transcript within the time allowed, the clerk or the clerk of the bankruptcy appellate panel shall notify the bankruptcy If the bankruptcy appellate panel directs that additional copies of the record be furnished, the clerk of the bankruptcy appellate panel shall notify the

Rule 8001. Manner of Taking Appeal; Voluntary Dismissal; Certificationto Court of Appeals , 8001 (2020)

An appeal from a judgment, order, or decree of a bankruptcy judge to a district court or bankruptcy appellate panel as permitted by 28 U.S.C. § 158(a)( (d) [Abrogated] (e) ELECTION TO HAVE APPEAL HEARD BY DISTRICT COURT INSTEAD OF BANKRUPTCY APPELLATE PANEL; WITHDRAWAL OF ELECTION. A certification of a judgment, order, or decree of a bankruptcy court to a court of appeals under 28 U.S.C. § 158 (d)(2) shall not be treated as a certification

Rule 9033. Review of Proposed Findings of Fact and Conclusions ofLaw in Non-Core Proceedings , 9033 (2020)

. § 157(c)(1), the bankruptcy judge shall file proposed findings of fact and conclusions of law. of it as all parties may agree upon or the bankruptcy judge deems sufficient, unless the district judge otherwise directs. The district judge shall make a de novo review upon the record or, after additional evidence, of any portion of the bankruptcy judge's findings of fact

Rule 9006. Time , 9006 (2020)

The following rules apply in computing any time period specified in these rules, in the Federal Rules of Civil Procedure, in any local rule or court order rules or by a notice given thereunder or by order of court, the court for cause shown may at any time in its discretion (1) with or without motion or for such hearing, unless a different period is fixed by these rules or by order of the court.

Rule 5011. Withdrawal and Abstention from Hearing a Proceeding , 5011 (2020)

(c) Effect of filing of motion for withdrawal or abstention. case or any proceeding therein before the bankruptcy judge except that the bankruptcy judge may stay, on such terms and conditions as are proper, proceedings A motion for a stay ordinarily shall be presented first to the bankruptcy judge.

Rule 8009. Briefs and Appendix; Filing and Service , 8009 (2020)

Unless the district court or the bankruptcy appellate panel by local rule or by order excuses the filing of briefs or specifies different time limits: No further briefs may be filed except with leave of the district court or the bankruptcy appellate panel. (b) Appendix to brief. so required by a rule of the bankruptcy appellate panel.

Rule 8020. Damages and Costs for Frivolous Appeal , 8020 (2020)

Damages and Costs for Frivolous Appeal If a district court or bankruptcy appellate panel determines that an appeal from an order, judgment, or decree of a bankruptcy judge is frivolous, it may, after a separately filed motion or notice from the district court or bankruptcy appellate panel and reasonable

Rule 5004. Disqualification , 5004 (2020)

Disqualification (a) Disqualification of judge. (b) Disqualification of judge from allowing compensation. A bankruptcy judge shall be disqualified from allowing compensation to a person who is a relative of the bankruptcy judge or with whom the judge is so

Rule 5002. Restrictions on Appointments , 5002 (2020)

of the bankruptcy judge approving the appointment or theUnited States trustee in the region in which the case is pending. be approved by the court if the individual is a relative of the bankruptcy judge approving the employment. A bankruptcy judge may not approve the appointment of a person as a trustee or examiner pursuant to § 1104 of the Code or approve the employment of a person

Rule 5003. Records Kept By the Clerk , 5003 (2020)

Records Kept By the Clerk (a) Bankruptcy dockets. (d) Index of cases; certificate of search. (e) REGISTER OF MAILING ADDRESSES OF FEDERAL AND STATE GOVERNMENTAL UNITS AND CERTAIN TAXING AUTHORITIES.

Form 9. Notice of Commencement of Case Under the Bankruptcy Code, Meetingof Creditors, and Fixing of Dates , ef8f5e09733a710e (2020)

Notice of Commencement of Case Under the Bankruptcy Code, Meetingof Creditors, and Fixing of Dates Click here for Form 9 (9/97)

Rule 8003. Leave to Appeal , 8003 (2020)

the bankruptcy appellate panel as soon as all parties have filed answers or the time for filing an answer has expired. If a required motion for leave to appeal is not filed, but a notice of appeal is timely filed, the district court or bankruptcy appellate panel may grant The district court or the bankruptcy appellate panel may also deny leave to appeal but in so doing shall consider the notice of appeal as a motion for

Rule 8015. Motion for Rehearing , 8015 (2020)

Motion for Rehearing Unless the district court or the bankruptcy appellate panel by local rule or by court order otherwise provides, a motion for rehearing may be filed within 14 days after entry of the judgment of the district court or the bankruptcy appellate panel. or the entry of subsequent judgment.

Form 19. Declaration and Signature of Non-Attorney Bankruptcy PetitionPreparer (See 11 U.S.C. § 110) , f8df4fdf5fba0ebf (2020)

Declaration and Signature of Non-Attorney Bankruptcy PetitionPreparer (See 11 U.S.C. § 110) Click here for Form 19A (12/07; December 1, 2008)

Rule 7001. Scope of Rules of Part VII , 7001 (2020)

Scope of Rules of Part VII An adversary proceeding is governed by the rules of this Part VII. under Rule4003(d), (3) to obtain approval pursuant to § 363(h) for the sale of both the interest of the estate and of a co-owner in property, (4) a confirmation of a chapter 11, chapter 12, or chapter 13 plan, (6) to determine the dischargeability of a debt, (7) to obtain an injunction or other equitable

Rule 2016. Compensation for Services Rendered and Reimbursement ofExpenses , 2016 (2020)

(c) DISCLOSURE OF COMPENSATION PAID OR PROMISED TO BANKRUPTCY PETITION PREPARER. Before a petition is filed, every bankruptcy petition preparer for a debtor shall deliver to the debtor, the declaration under penalty of perjury required The declaration shall also describe the services performed and documents prepared or caused to be prepared by the bankruptcy petition preparer.

Rule 8002. Time for Filing Notice of Appeal , 8002 (2020)

If a notice of appeal is mistakenly filed with the district court or the bankruptcy appellate panel, the clerk of the district court or the clerk of the bankruptcy appellate panel shall note thereon the date on which it was received and transmit it to the clerk and it shall be deemed filed with the clerk (1) The bankruptcy judge may extend the time for filing the notice of appeal by any party, unless the judgment, order, or decree appealed from: (A)

Rule 8010a. Form of Briefs; Length , 2be12f6ade848ad8 (2020)

Court, a United States Bankruptcy Court, or a United States Bankruptcy Appellate Panel. (c) Length of Briefs. , statement of the basis of appellate jurisdiction, statement of the issues and standard of review.

Rule 7012. Defenses and Objections — When and How Presented — By Pleadingor Motion — Motion for Judgment on the Pleadings , 7012 (2020)

The service of a motion permitted under this rule alters these periods of time as follows, unless a different time is fixed by order of the court: (1) judgment by the bankruptcy judge. In non-core proceedings final orders and judgments shall not be entered on the bankruptcy judge's order except with the express consent of the parties.

Form 17. Notice of Appeal Under 28 U.S.C. § 158 (a) or (b) from aJudgment, Order, or Decree of a Bankruptcy Judge , 0a58ddcf4df5096b (2020)

Notice of Appeal Under 28 U.S.C. § 158 (a) or (b) from aJudgment, Order, or Decree of a Bankruptcy Judge Click here for Form 17 (12/04)

Rule 9017. Evidence , 9017 (2020)

Evidence The Federal Rules of Evidence and Rules 43, 44 and 44.1 F.R.Civ.P. apply in cases under the Code.

Rule 9004. General Requirements of Form , 9004 (2020)

General Requirements of Form (a) Legibility; abbreviations. All petitions, pleadings, schedules and other papers shall be clearly legible. Each paper filed shall contain a caption setting forth the name of the court, the title of the case, the bankruptcy docket number, and a brief designation of the character of the paper.

Rule 8009a. Appendix Not Required , 8093d4dcab4ae53e (2020)

Parties may comply with the requirement to file an appendix as set forth in Fed.R.Bankr.P.8009(b) by filing a list of relevant bankruptcy court docket entry numbers in lieu of copies of the pleadings.

Rule 9035. Applicability of Rules in Judicial Districts in Alabamaand North Carolina , 9035 (2020)

Applicability of Rules in Judicial Districts in Alabamaand North Carolina In any case under the Code that is filed in or transferred to a district in the State of Alabama or the State of North Carolina and in which a United States trustee is not authorized to act, these rules apply to the extent that they are not inconsistent with any federal statute effective in the case.