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LOCAL RULES BANKRUPTCY APPELLATE PANEL FOR THE SIXTH CIRCUIT , 24efc0c5dd691991 (2020)

LOCAL RULES BANKRUPTCY APPELLATE PANEL FOR THE SIXTH CIRCUIT Current through material received by April 1, 2010

RULE 8000-1. DEFINITIONS — APPEAL , 8000-1 (2020)

The words "panel clerk" as used in these rules mean the Clerk of the Bankruptcy Appellate Panel of the Sixth Circuit. (b) Judge. The word "panel" as used in these rules means a panel of three judges of the Bankruptcy Appellate Panel of the Sixth Circuit. (d) BAP. The acronym "BAP" or the words "Bankruptcy Appellate Panel of the Sixth Circuit" as used in these rules mean the Bankruptcy Appellate Panel Service established

INTRODUCTION , 6eed5939dc60edbf (2020)

INTRODUCTION This manual is intended to serve as a guide for attorneys and litigants appearing in proceedings before the Bankruptcy Appellate Panel of the Sixth Circuit ("BAP"). The manual should be read in conjunction with the Rules of the BAP and Part VIII of the Federal Rules of Bankruptcy Procedure.

RULE 8018-1. LOCAL RULES , 8018-1 (2020)

LOCAL RULES The Rules of the Bankruptcy Appellate Panel of the Sixth Circuit shall be cited as: "6th Cir. BAP LBR _______ - ______." For example, subsection (a) of Rule 8010-1 of these rules shall be cited as "6th Cir. BAP LBR 8010-1(a)."

RULE 8016-4. CLERK OF THE BANKRUPTCY APPELLATE PANEL , 8016-4 (2020)

CLERK OF THE BANKRUPTCY APPELLATE PANEL (a) Designation of Clerk. The Clerk of the United States Court of Appeals for the Sixth Circuit shall serve as Clerk of the Bankruptcy Appellate Panel of the Sixth Circuit. All communications to the BAP shall be addressed to the Clerk of the Bankruptcy Appellate Panel of the Sixth Circuit, 540 Potter Stewart U.S.

RULE 8001-3. ELECTION FOR DISTRICT COURT DETERMINATION OF APPEAL , 8001-3 (2020)

Sixth Circuit unless — (1) at the time of filing the appeal or cross-appeal, the appellant or cross-appellant files with the clerk of the bankruptcy Panel of the Sixth Circuit unless — (1) at the time of filing the motion for leave to appeal, the moving party files with the clerk of the bankruptcy Appellate Panel of the Sixth Circuit unless — (1) at the time of filing the motion for leave to appeal, the moving party files with the clerk of the

V. MOTIONS , 72272483acd5545e (2020)

The specifics of form and content are contained in Rule 8011(a) of the Federal Rules of Bankruptcy Procedure. Any rulings on motions by the panel clerk will show that they were entered by him or her pursuant to Sixth Circuit BAP Local Rule 8011-2(a). This includes motions for certification of direct appeal to the Sixth Circuit Court of Appeals under 28 U.S.C. § 158(d)(2).

VIII. DECISIONS , ae1280803baff63a (2020)

All BAP opinions are posted on the Sixth Circuit's website (www.ca6.uscourts.gov). orders otherwise, the judgment will automatically be stayed for ten days to allow time to file a motion for rehearing pursuant to Rule 8015 of the Federal Rules of Bankruptcy Procedure.

VII. ORAL ARGUMENT , 1b293d7ca6fa736e (2020)

Arguments may be held in Cincinnati (in a courtroom of the United States Court of Appeals for the Sixth Circuit or of the United States Bankruptcy Court When arguments are heard in a Sixth Circuit courtroom in Cincinnati, counsel should check in at the Sixth Circuit clerk's office, which is located in Room

IX. APPEAL OF BAP DECISION , 469aad5a1f765a9a (2020)

APPEAL OF BAP DECISION Appeals from decisions of the BAP are taken to the United States Court of Appeals for the Sixth Circuit. panel clerk, specifying the order or judgment appealed from and naming the appellant(s), pursuant to the deadlines established in Rule 4 of the Federal Rules of Appellate Procedure.

IV. THE RECORD ON APPEAL AND THE STATEMENT OF ISSUES , bc36e3bedea097e8 (2020)

As is the case with any appellate court, review is predicated on the record of proceedings before the lower court, and for that reason it is imperative courts may differ on exactly how they want this designation to be made, so you should check the particular bankruptcy court's local rules and procedures Rule 8006 of the Federal Rules of Bankruptcy Procedure also requires that any party designating a transcript as part of the record must file a written

VI. THE BRIEFS AND APPENDIX , 4f980a696010f126 (2020)

• Briefs shall be submitted in compliance with the Sixth Circuit's Guide to Electronic Filing. Pursuant to the Sixth Circuit's Guide to Electronic Filing and 6 Cir. table of contents setting forth the appendix page number at which each document starts, along with the record entry number of the documents from the bankruptcy

RULE 8070-1. DISMISSAL OF APPEAL FOR NON-PROSECUTION , 8070-1 (2020)

If an appellant or cross-appellant fails to comply with the Federal Rules of Bankruptcy Procedure or with these rules, the panel clerk shall notify the an appeal or take other appropriate action, including an award of damages and attorney's fees, for the failure of any party to comply with the Federal Rules of Bankruptcy Procedure or with these rules.

III. PREARGUMENT CONFERENCE AND MEDIATION , 7e40d490bd1bb99a (2020)

PREARGUMENT CONFERENCE AND MEDIATION Sixth Circuit BAP Rule 8080-2 describes a procedure for the review of appeals shortly after filing, to determine The conference may be conducted by one of the Sixth Circuit mediation attorneys — each of whom is a seasoned attorney and mediator — or by a panel judge This program parallels the highly successful preargument conference program which has been in place in the Sixth Circuit Court of Appeals for twenty years

RULE 8090-1. ATTORNEYS — ADMISSION TO PRACTICE , 8090-1 (2020)

Any attorney admitted to practice before a United States district court within the Sixth Circuit or before the United States Court of Appeals for the Sixth Circuit and who is in good standing before such court shall be deemed admitted to practice before the BAP.

RULE 8010-1. FORMS OF BRIEFS , 8010-1 (2020)

The filing of the briefs is governed by the "Sixth Circuit Guide to Electronic Filing." (b) Statement Regarding Oral Argument. Citation in briefs and oral arguments of decisions designated "not for publication" by the Sixth Circuit, or given any similar limited precedential effect

I. INITIATING THE APPEAL , 74267546d2f7c776 (2020)

The bankruptcy clerk will serve all parties other than the appellant with a copy of the notice of appeal. Fed.R.Bankr.P. 8004. As soon as a decision has been filed, the panel clerk will notify the parties and the clerk of the bankruptcy court. REMEMBER File the notice of appeal with and pay the fee to the clerk of the bankruptcy court.

RULE 8008-1. FILING PAPERS , 8008-1 (2020)

The "Sixth Circuit Guide to Electronic Filing" is adopted to govern the filing of documents in cases filed with the BAP.

RULE 8009-3. FORMS OF APPENDIX TO BRIEFS — APPEAL , 8009-3 (2020)

Papers in the appendix shall be organized as follows: a table of contents shall be first; relevant entries on the bankruptcy court docket shall be second If the appendix includes both items from the bankruptcy court case docket and items from an adversary proceeding docket, entries on the case docket shall

RULE 8004-1. SERVICE OF NOTICE OF APPEAL , 8004-1 (2020)

SERVICE OF NOTICE OF APPEAL The clerk of the bankruptcy court shall forthwith transmit to the panel clerk a copy of the notice of appeal together with

II. OPENING THE APPEAL , 8c1bc0a40e811744 (2020)

As soon as the panel clerk receives from the clerk of the bankruptcy court a copy of the notice of appeal and a copy of the order or judgment being appealed

RULE 8080-2. PRE-ARGUMENT CONFERENCE AND MEDIATION , 8080-2 (2020)

All bankruptcy appeals shall be reviewed by staff attorney to determine if a pre-argument conference would be of assistance to the BAP or the parties.

RULE 8012-1. ORAL ARGUMENT , 8012-1 (2020)

A panel may, on its own motion or for good cause shown on motion of a party, advance any case to be heard, though the time permitted under the rules for