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UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT LOCAL RULES , cdebe7f668a6c5e6 (2020)

UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE TENTH CIRCUIT LOCAL RULES EFFECTIVE NOVEMBER 1, 2010

Local Rule 8018-1. Local Rules of Circuit Judicial Council or District Court , 8018-1 (2020)

Local Rules of Circuit Judicial Council or District Court (a) Application of the Federal Rules of BankruptcyProcedure. Unless otherwise altered or suspended by these rules or by court order, Part VIII of the Federal Rules of Bankruptcy Procedure and all relevant Official order application of the Federal Rules of Appellate Procedure or the Tenth Circuit Rules.

Local Rule 8018-2. Admission to Practice , 8018-2 (2020)

Circuit; or (2) admitted to practice by and a member in good standing of a United States District Court within the Tenth Circuit; or (3) admitted to practice by a United States Bankruptcy Court in the case or proceeding on appeal. of Bankruptcy Procedure, the American Bar Association Code of Professional Responsibility, and the rules of this court

Local Rule 8008-1. Filing and Service , 8008-1 (2020)

ECF procedures and guidance, and system requirements are posted on the Tenth Circuit Bankruptcy Appellate Panel website.

Local Rule 8018-4. Diligent Prosecution of Appeals , 8018-4 (2020)

E-filers must also immediately update their PACER Service Center Appellate ECF Account with any changes. (b) Failure to Comply. Failure to comply with these rules or the Federal Rules of Bankruptcy Procedure may delay consideration or lead to denial of the relief being sought. When an appellant fails to comply with these rules or the Federal Rules of Bankruptcy Procedure, the bankruptcy appellate panel clerk may, after notice

Local Rule 8016-4. Bankruptcy Appellate Panel Clerk Authorized to Act on Certain Matters , 8016-4 (2020)

Bankruptcy Appellate Panel Clerk Authorized to Act on Certain Matters Subject to review by the court, the bankruptcy appellate panel clerk may act (1) To extend time to file a document or perform an act required by these rules or Fed.R.Bankr.P. 8006, 8007,8009, 8011, or 8014; (2) To supplement or the Federal Rules of Bankruptcy Procedure.

10th CIRCUIT BAP ECF PROCEDURES AND GUIDANCE , 39a048f1e5bdc3ab (2020)

10th CIRCUIT BAP ECF PROCEDURES AND GUIDANCE ECF PROCEDURES AND GUIDANCE EFFECTIVE NOVEMBER 1, 2010 ECF of Bankruptcy Procedure and the local rules of this Court. Procedure 8009(b) and Local Rule 8009-3); and (3) Hyperlinks to statutes, rules, regulations, and opinions.

COURT OF APPEALS MISCELLANEOUS FEE SCHEDULE , c7adfbd321eca91e (2020)

The court may also distribute copies of the local rules without charge. (11) For filing: • Any separate or joint notice of appeal or application for appeal from the Bankruptcy Appellate Panel, $5. • A notice of the allowance of an appeal from the Bankruptcy Appellate Panel, $5.

Local Rule 8018-12. Citation and Effective Date of These Rules , 8018-12 (2020)

Rules that were approved by the Advisory Committee on Bankruptcy Rules and the Committee on Rules of Practice and Procedure; and on October 14, 2005, this Court entered General Order No. 2, adopting Interim Bankruptcy Rules 8001(f) and 8003(d) to apply to those appeals from bankruptcy cases filed on or after October 17, 2005; and WHEREAS, those provisions of the Federal Rules of Bankruptcy Procedure have been finalized and shall go into effect December

Local Rule 8007-1. Transmission of the Record , 8007-1 (2020)

Promptly after a notice of appeal is filed, the bankruptcy court clerk must transmit to the bankruptcy appellate panel clerk a copy of the following: transmit to the bankruptcy appellate panel clerk a copy of the motion, any order disposing of the motion, and the related docket entries; and (2) if any statement of election to have the appeal heard in the district court is filed, the bankruptcy court clerk must transmit to the bankruptcy appellate

Local Rule 8007-2. Transmission of Record — Appeal , 8007-2 (2020)

Immediately after a notice of appeal is filed, the bankruptcy court clerk must notify the bankruptcy appellate panel clerk of the filing of the notice clerk must immediately notify the bankruptcy appellate panel clerk of the filing of the motion and any order disposing of the motion; and (2) if any statement of election to have the appeal heard in the district court is filed, the bankruptcy court clerk must immediately notify the bankruptcy appellate

Local Rule 8018-8. Case Involving Constitutional Question , 8018-8 (2020)

(b) Bankruptcy Appellate Panel Clerk Certification. If a written notice is filed, the bankruptcy appellate panel clerk must certify that fact to the appropriate attorney general. An attorney general may appear in the appeal within 30 days after the date that the bankruptcy appellate panel clerk serves its certification.

Local Rule 8018-3. Discipline , 8018-3 (2020)

Discipline This court may discipline attorneys and parties as provided in the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure and may

Local Rule 8003-1. Motion for Leave to Appeal — Transmittal of Motion and Notice of Appeal , 8003-1 (2020)

for Leave to Appeal — Transmittal of Motion and Notice of Appeal Immediately after a motion for leave to appeal and notice of appeal are filed, the bankruptcy court clerk must notify the bankruptcy appellate panel clerk of the filing.

Local Rule 8011-4. Emergency Motion — Appeal , 8011-4 (2020)

Before filing an emergency motion, the movant must call the bankruptcy appellate panel clerk in order to give as much advance notice as possible. following: (1) the notice of appeal; (2) the judgment, order, or decree from which the appeal is taken; and (3) any other document filed with the bankruptcy

Local Rule 8011-2. Emergency Motions , 8011-2 (2020)

Before filing an emergency motion, the movant must give the bankruptcy appellate panel clerk as much advance notice as possible. following: (1) the notice of appeal; (2) the judgment, order, or decree from which the appeal is taken; and (3) any other paper filed with the bankruptcy

Local Rule 8008-5. Privacy Protection , 8008-5 (2020)

The bankruptcy appellate panel clerk will NOT redact personally identifiable information that the filer neglects to redact.

Local Rule 8012-1. Oral Argument — Appeal , 8012-1 (2020)

Before filing a request to change the date, method, or place of a hearing, a party must give the bankruptcy appellate panel clerk as much advance notice

Local Rule 8010-1. Form of Briefs — Appeal , 8010-1 (2020)

A party who knows of a related case pending before the United States Supreme Court or any United States Court of Appeals, District Court, or Bankruptcy Appellate Panel must include as the last page of its brief a statement listing the related case(s).

Local Rule 8005-1. Stay Pending Appeal , 8005-1 (2020)

A motion for stay pending appeal under Fed.R.Bankr.P. 8005 must state whether the motion was first presented to the bankruptcy court; if not, the motion of the transcript of the bankruptcy court's hearing on the motion, unless the motion was not first presented to the bankruptcy court; and (2) a copy of any document filed in the bankruptcy court that is needed to decide the motion.

Local Rule 8009-3. Form of Appendix — Appeal , 8009-3 (2020)

A copy of the bankruptcy court docket sheet, which includes the entry of the notice of appeal, must be the first document in the appendix. The appendix must contain all exhibits filed in the bankruptcy court necessary for this court's review. (h) Documents Considered. Only documents properly before the bankruptcy court may be included in the appendix and considered by this court. (i) Multiple Parties.

Local Rule 8001-5. Payment of Fees to Bankruptcy Court , 8001-5 (2020)

Payment of Fees to Bankruptcy Court Fees prescribed by the Miscellaneous Fee Schedule issued in accordance with 28 U.S.C. § 1930 must be paid to the bankruptcy court.

Local Rule 8014-1. Costs — Appeal , 8014-1 (2020)

Costs — Appeal A bill of costs must be filed with the bankruptcy court. Amended effective May 1, 2010.

Local Rule 8001-6. Proceedings In Forma Pauperis, Fee Waiver , 8001-6 (2020)

Proceedings In Forma Pauperis, Fee Waiver A motion to proceed in forma pauperis or to waive the fee must be filed with the bankruptcy court.

Local Rule 8006-1. Designation of Record — Appeal , 8006-1 (2020)

party has designated the record on appeal in accordance with Fed.R.Bankr.P. 8006, the party should not provide copies of the designated items to the bankruptcy

Local Rule 8001-3. Election for District Court Determination of Appeal , 8001-3 (2020)

. § 158(c)(1)(A) and Fed.R.Bankr.P. 8001(e) must be filed with the bankruptcy court.

Local Rule 8018-11. Citation and Effective Date of These Rules , 8018-11 (2020)

Citation and Effective Date of These Rules (a) Citation. These rules may be cited as follows: 10th Cir. BAP L. R. _____. (b) Effective Date. These rules are effective May 1, 2010. Amended effective May 1, 2010.

Local Rule 8018-7. Certification of Questions of State Law , 8018-7 (2020)

When state law permits, this court may certify a state law question to that state's highest court in accordance with that court's rules and may stay the

Local Rule 8016-3. Mandate , 8016-3 (2020)

If this court stays its mandate pending appeal, the mandate must issue immediately after this court files the mandate from the appellate court.

Local Rule 8016-6. Mandate , 8016-6 (2020)

If this court stays its mandate pending appeal, the mandate must issue immediately after this court files the mandate from the appellate court.