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APPEALS BEFORE THE BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT , 2a5c2caad0751758 (2020)

APPEALS BEFORE THE BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT DECEMBER 2010 EDITION

AMENDED ORDER CONTINUING THE BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT , f3ba8322ed4c0612 (2020)

AMENDED ORDER CONTINUING THE BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT JUDICIAL COUNCIL OF THE NINTH CIRCUIT AMENDED ORDER CONTINUING THE BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT 1. Such rules shall be submitted to, and approved by, the Judicial Council of the Ninth Circuit. 9. PLACES OF HOLDING COURT.

AMENDED ORDER CONTINUING THE BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT , 30c6debcdf3edbcf (2020)

AMENDED ORDER CONTINUING THE BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT JUDICIAL COUNCIL OF THE NINTH CIRCUIT AMENDED ORDER CONTINUING THEBANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT 1. Bankruptcy appellate panels may conduct hearings at such times andplaces within the Ninth Circuit as it determines to be appropriate. 10.

Rule 9001-1 DEFINITIONS , 9001-1 (2020)

(b) The word "Judge" as used in these rules, unless otherwise designated, means a member of the United States Bankruptcy Appellate Panel of the Ninth Circuit (c) The word "Panel" as used in these rules means a panel of the judges of the United States Bankruptcy Appellate Panel of the Ninth Circuit. (d) The acronym "BAP" as used in these rules means United States Bankruptcy Appellate Panel of the Ninth Circuit.

GENERAL ORDER NO. 2008-2 REPEAL OF INTERIM PROCEDURAL RULES , ae021789e39f5019 (2020)

GENERAL ORDER NO. 2008-2 REPEAL OF INTERIM PROCEDURAL RULES UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT Whereas, on October 17, 2005, the Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") entered its General Order 2005-1 adopting certain interim procedural remain in effect until further order of the court; and Whereas, as of December 1, 2008, new amendments to the Federal Rules of Bankruptcy Procedure will

PREAMBLE , 3f022dcd7de49725 (2020)

PREAMBLE These rules of the United States Bankruptcy Appellate Panel of the Ninth Circuit are promulgated under the authority of Federal Rule of Bankruptcy

XIII. INFORMATION AND STATISTICS , 3026a26cde98d440 (2020)

INFORMATION AND STATISTICS The BAP historically has handled between 49-60% of the total number of Ninth Circuit bankruptcy appeals under 28 U.S.C. During this same twelve-month period, 164 bankruptcy appeals were filed at the Court of Appeals for second-level appellate review: 63 from decisions of the Bankruptcy Appellate Panel and 101 from decisions of the district courts.

Rule 8018(b)-1 SILENCE OF LOCAL RULES , 8018(b)-1 (2020)

Rule 8018(b)-1 SILENCE OF LOCAL RULES In cases where Part VIII of the Federal Rules of Bankruptcy Procedure and these rules are silent as to a particular matter of practice, a Panel may apply the Rules of the United States Court of Appeals for the Ninth Circuit and the Federal Rules of Appellate Procedure

III. INTRODUCTION TO THE BAP , f3b44b7b29539869 (2020)

INTRODUCTION TO THE BAP Seven bankruptcy judges are authorized by the Ninth Circuit Judicial Council to serve on the BAP. [fn4] The BAP judges are all active bankruptcy court judges from districts within the ninth circuit. courthouses throughout the Ninth Circuit.

Administrative Order Regarding Electronic Filing in BAP Cases , 290ee588fac6a2ee (2020)

Appellate Panel for the Ninth Circuit ("BAP") adopts the following provisions to govern the electronic filing of documents in cases before the BAP. Appellate Panel for the Ninth Circuit by using the CM/ECF system. Appellate Panel for the Ninth Circuit by using the CM/ECF system.

II. JURISDICTION OF THE BAP , 510776bf5816f65f (2020)

[fn2] However, a circuit may establish a BAP,28 U.S.C. § 158(b), and the Ninth Circuit has had a BAP since the effective date of the Bankruptcy Code, October judges), and passage of the Bankruptcy Amendments and Federal Judgeship Act of 1984, the Ninth Circuit re-established the BAP by Order of the Judicial Specific issues of appellate jurisdiction are discussed in sections V and VII.C, below.

RULES OF THE UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTHCIRCUIT , 60b3aebc168a42f6 (2020)

RULES OF THE UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTHCIRCUIT Effective November 18, 1988, including amendments

Rule 8008(a)-1 COMMUNICATIONS , 8008(a)-1 (2020)

Rule 8008(a)-1 COMMUNICATIONS All communications to the BAP shall be addressed to the Clerk of the United States Bankruptcy Appellate Panel of the Ninth Circuit, Richard H.

XII. BAP DECISIONS AS PRECEDENT , 0f2d9c29ca0949d3 (2020)

(In reZimmer), 313 F.3d 1220, 1225 n. 3 (9th Cir. 2002) (noting that the binding nature of BAP decisions is still an open issue in the Ninth Circuit); The BAP has held that its decisions bind all bankruptcy courts in the Ninth Circuit. In re Windmill Farms, Inc., 70 B.R. 618, 622 (9th Cir. courts within the Ninth Circuit, regardless of whether they are formally binding.

VIII. BRIEFING THE ISSUES , 539a8f5e0931c1e7 (2020)

the entire record before the bankruptcy court and gives no deference to the bankruptcy judge's legal conclusions. BAP R. 8018(b)-1 ("Silence of Local Rules"). Circuit Rule 29-1 (Advisory Committee Note). [fn12] The deadline in FRBP 8009(a)(1) was changed to 14 days effective December 1, 2009.

APPENDIX II Potential Traps for the Unwary , b55fd394caa46221 (2020)

Failing to participate in a BAP appeal may preclude an appeal to the Ninth Circuit. A district court or BAP decision on an interlocutory appeal is not reviewable by the Circuit until the matter becomes final at the bankruptcy Requests for stay pending appeal to the Circuit are made to the BAP, the same way BAP appeal stay requests are initially made to the bankruptcy

V. STARTING THE APPEAL PROCESS , 18d283a80e9d154d (2020)

Amended Order Continuing Bankruptcy Appellate Panel of the Ninth Circuit (Amended May 9, 2002). 2. Deadline for appellant's Statement of Election. Before the parties file their direct appeal petitions with the Circuit Clerk, they generally must first obtain a certification from either the bankruptcy Nevertheless, the court made it clear that in the future, the procedural rules would be enforced: "However, bankruptcy petitioners and bankruptcy courts

IX. ORAL ARGUMENT , c555118531d13618 (2020)

The BAP can sit at any location in the Ninth Circuit. Good appellate advocates are not wedded to their scripts. including the arguments of opposing counsel, pertinent facts, legal issues, controlling or persuasive case law, and the current procedural posture of the bankruptcy

VI. DESIGNATION OF THE RECORD , 26a078d3e7d59f43 (2020)

Consequences of Incomplete Record The burden of presenting a proper record to the appellate court is on the appellant. Kritt v. Unless the record before the appellate court affirmatively shows the matters on which appellant relies for relief, the appellant may not argue those matters [fn10] For appeals pending before the district court, litigants should check their district court's local rules for requirements regarding the DOR.

APPENDIX I Do's and Don'ts for an Effective Appeal , 313bb46e48d4831e (2020)

Understand the role of the appellate court. overall impact of its ruling on the general body of bankruptcy law. 4. Follow the rules with respect to organizing, paginating and tabbing the record (appendix), so that the judges and law clerks can find pertinent

Rule 9010-1 ATTORNEYS — Duties, Withdrawal, Substitution , 9010-1 (2020)

Counsel must ensure that the appeal is perfected on behalf of the represented party in a manner and within the times prescribed in these rules and must Any attorney admitted to practice before a District Court of the Ninth Circuit or the Court of Appeals for the Ninth Circuit and who is in good standing

VII. MOTIONS , 4ce2a2587fe558c2 (2020)

An aspect of appellate practice that is familiar to appellate lawyers, but not necessarily to trial lawyers and trial judges, is the sheer number of motions filed in appellate cases. Neither the Bankruptcy Code nor Title 28 lays out the requisites for appellate standing. See 1 Collier on Bankruptcy ¶ 5.06.

Rule 8007(b)-1 DOCKETING APPEAL AND APPELLATE RECORD , 8007(b)-1 (2020)

Rule 8007(b)-1 DOCKETING APPEAL AND APPELLATE RECORD As soon as the statement of issues, designation of record, and any transcripts that have been designated are filed with bankruptcy court, the clerk of the bankruptcy court shall transmit to the BAP Clerk a certificate that the record is complete The record shall be retained by the clerk of the bankruptcy court.

XIV. CONCLUSION , 8f6f7b637d52b319 (2020)

CONCLUSION This guide is merely an introduction to the sometimes arcane world of bankruptcy appeals. It is a procedural road map that should be of assistance, but is no substitute for preparation and familiarity with the FRBP and the BAP Rules. One of the main advantages of the BAP is that the Panel judges are seasoned bankruptcy judges who are experts in bankruptcy law.

Rule 8006-1 TRANSCRIPTS , 8006-1 (2020)

Parties shall consult local bankruptcy rules with regard to the proper procedure for ordering transcripts or for indicating that transcripts are not necessary The first occurs when appellants challenge the oral tentative rulings, and/or the oral findings of fact and conclusions of law of the bankruptcy court, and do not include sufficient transcripts in the excerpts of the record to allow the Panel to properly review the bankruptcy court's decision.

XI. DECISIONS , 535dc98ef2212cd1 (2020)

Mandate The mandate returns jurisdiction over the matter to the bankruptcy court. Petitions for rehearing are designed to ensure that the appellate court properly considered all relevant information in rendering its decision, and are Motions for rehearing will delay issuance of the appellate court's mandate until seven days after the order is entered. FRAP 41. G.

Appendix IV Rules Governing Post-Trial Motions Determined by Bankruptcy Judge That Affect Appeals Process , eb293d5fd818c97c (2020)

Appendix IV Rules Governing Post-Trial Motions Determined by Bankruptcy Judge That Affect Appeals Process Event Fed.R

Rule 8013-1 DISPOSITION OF APPEAL , 8013-1 (2020)

issued by the Panel sitting en banc, or unless they no longer are precedent due to changes in the law, whether by act of Congress or by decision of the Ninth Circuit Court of Appeals or the Supreme Court Orders will not be published, shall have no precedential value, and may not be cited except when relevant under the doctrine of law of the case, or under rules

IV. PRACTICE BEFORE THE BAP AND ELECTRONIC FILING , 3f5c9b25ca12e605 (2020)

PRACTICE BEFORE THE BAP AND ELECTRONIC FILING To practice before the BAP, an attorney must be admitted and in good standing to practice before the Ninth Circuit Court of Appeals, or before a district court within the Ninth Circuit.

Rule 8012-2 EN BANC HEARING AND DETERMINATION OF APPEALS , 8012-2 (2020)

, and do participate, in the vote; or, if less than five members of the Panel are eligible to participate in the en banc call, the Chief Judge of the Ninth Circuit, after consultation with the Presiding Judge, shall designate such pro tem judges as may be necessary to bring the number of the judges considering If fewer than five members of the Panel are eligible to participate in the en banc hearing, the Chief Judge of the Ninth Circuit, after consultation with

Rule 8010(a)-1 FORM OF BRIEFS AND CERTIFICATION REQUIREMENTS , 8010(a)-1 (2020)

opening brief: BLUE Appellee's opening brief: RED Appellant's reply brief: GREY (2) COVER INFORMATION: Name of court Case numbers (BAP, bankruptcy _______________________________ Signed Dated Explanatory Note: Failure to comply with the Briefing Rules

APPENDIX III , fd060e824e7a8267 (2020)

APPENDIX III NEW BANKRUPTCY APPEAL FILINGS FOR THE TWELVE MONTH PERIOD ENDING JUNE 30, 2010 District Wash. 25 48 73 TOTALS 358 (48%) 384 (52%) 742 [fn1] The numbers for bankruptcy appeals to the district The numbers for bankruptcy appeals to the BAP are calculated based on data from AOUSC Table B-23, and on data from the BAP's CM/ECF docketing system.

Rule 8001(a)-1 NOTICE OF APPEAL , 8001(a)-1 (2020)

The appellant shall attach to the notice of appeal filed in bankruptcy court a copy of the entered judgment, order or decree from which the appeal was The clerk of the bankruptcy court shall forward these items to the BAP Clerk.

Rule 8014-1 COSTS , 8014-1 (2020)

Rule 8014-1 COSTS Costs under FRBP 8014 are taxed by filing a bill of costs with the clerk of the bankruptcy court.

Rule 8018-2 CITATION TO RULES , 8018-2 (2020)

Rule 8018-2 CITATION TO RULES These rules shall be cited as: "9th Cir. BAP R. ______________." [Adopted, as Revised: February 24, 2000.]

Rule 8011(d)-1 EMERGENCY MOTIONS , 8011(d)-1 (2020)

explanation by the court of its ruling, or a declaration explaining why such a copy is unavailable; and (ii) copies of all papers regarding the stay filed in bankruptcy

Rule 8070-1 DISMISSAL FOR FAILURE TO PROSECUTE , 8070-1 (2020)

Rule 8070-1 DISMISSAL FOR FAILURE TO PROSECUTE When an appellant fails to file an opening brief timely, or otherwise fails to comply with rules or

Rule 8010(c)-1 LENGTH OF BRIEFS , 8010(c)-1 (2020)

briefs shall not exceed twenty (20) pages, exclusive of pages containing the table of contents, tables of citations and any addendum containing statutes, rules

Rule 9010-2 PRO S.E. PARTIES , 9010-2 (2020)

Pro se parties must ensure their appeal is perfected in a manner and within the time limits prescribed in these rules and must prosecute the appeal with

Rule 8009(a)-1 BRIEFS; NUMBER OF COPIES; EXTENSIONS OF TIME , 8009(a)-1 (2020)

A motion for extension of time to file a brief shall be filed within the time limit prescribed by these rules for the filing of such brief and shall be