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 entered by bankruptcy judges from this district, subject to the limitations set forth in LR 2200-1(b) and (c).
(b) Consent Required
The BAP may hear and determine only those appeals in which all parties to the appeal consent pursuant to LR 2200-2.
The BAP may hear and determine appeals from final and interlocutory judgments, orders and decrees entered by bankruptcy judges after July 10, 1984, and appeals transferred to this court from the previous Ninth Circuit BAP by § 115(b) in the Bankruptcy Amendments and Federal Judgeship Act of 1984, P.L. 98-353.
LR 2200-2 Form and Time of Consent to Allow Appeal to Be Heard and Determined by Bankruptcy Appellate Panel
The consent of a party to allow an appeal to be determined by the BAP will be deemed to have been given unless written objection thereto in accordance with Fed.R.Bankr.P. 8001 is filed either:
- With the notice of appeal or motion for leave to appeal; or
- By any party other than the original appellant, with the bankruptcy court clerk within thirty (30) days from the date of filing such notice or motion. When an appellant files both a notice of appeal and a motion for leave to appeal, consent will be deemed revoked if an objection to BAP determination is filed with respect to either pleading.
(b) Effect of a Timely Objection
Upon timely receipt of a written objection to an appeal being heard and determined by the BAP, jurisdiction over the appeal will be immediately transferred to the district court and the appeal will be governed by the provisions of LR 2200-6.
LR 2200-3 Service of Notice of Appeal, Motion for Leave to Appeal, Objection to BAP, and Dispositive Orders Regarding Motions for Leave to Appeal
(a) Notice of Appeal, Motion for Leave to Appeal, and Objection to BAP
Upon the filing of a notice of appeal or motion for leave to appeal, the bankruptcy court clerk must serve on all other parties to the appeal a copy of the objection to BAP determination, if any; a copy of the notice or motion; and a copy of the judgment, order, or decree being appealed.
(b) Dispositive Orders Regarding Motions for Leave to Appeal
A copy of any order disposing of a motion for leave to appeal will be immediately served on the parties to the appeal and transmitted to the bankruptcy court clerk by the clerk of the appellate court which determined the motion.
LR 2200-4 Documents Filed During Objection Period
All documents relating to the appeal must be filed with the bankruptcy court clerk during the objection period set forth in LR 2200-2 even if a motion requiring BAP determination is filed before the termination of such period. The BAP may not dismiss or render a final disposition of an appeal within thirty (30) days from the date of the filing of the notice of appeal.
LR 2200-5 Docketing of Appeal and Appellate Record; Transmission of Appeal to Appellate Court
(a) Appeals in Which Timely Objection to BAP Determination Filed
As soon as the statement of issues, designation of record, and any transcripts that are designated are filed with the bankruptcy court, the bankruptcy court clerk will transmit to the district court clerk a certificate that the appellate record is complete. The district court clerk will then forthwith notify the parties of the date the certificate was filed with district court, and this date will constitute the date of entry ofthe appeal on the docket for purposes of Bankruptcy Rules 8007(b) and 8009. The district court clerk may request a copy of the record from the bankruptcy court.
(b) Appeals in Which Timely Objection to BAP Determination Not Filed
BAP Rule 8007(b)-1 applies.
LR 2200-6 Rules Governing Bankruptcy Appeals to Be Determined by the District Court Subsequent to Filing of a Timely Objection to BAP Determination
Except as otherwise provided in these rules, practice in bankruptcy appeals which comes before the district court will be governed by Part VIII of the Rules of Bankruptcy Procedure. The provisions of LR 2200-6 apply only after a party has timely filed a written objection to determination of an appeal by the BAP.
(b) Place of Filing
All documents required or permitted to be filed by the district or bankruptcy court local rules or orders or other applicable law until the docketing of the appeal in the district court as defined in LR 2200-5, are to be filed with the bankruptcy court clerk. All documents filed in the appeal thereafter must be filed with the district court clerk.
Unless reference of the case or proceeding underlying the appeal has been withdrawn, all motions for extensions of time periods relating to appellate procedures, until the docketing of the appeal in the district court as defined in LR 2200-5 are to be filed with the bankruptcy court clerk and determined by a bankruptcy judge.
(d) Simultaneous Notice of Appeal and Motion for Leave to Appeal
If a notice of appeal and a motion for leave to appeal on the same matter are simultaneously pending, the motion for leave to appeal will be ruled on first. All time requirements arising at the filing of the notice of appeal, except for the thirty (30) day period provided in LR 2200-2 for objection to BAP determination of the appeal, will automatically be stayed until the date of entry of the order on the motion for leave to appeal.
(e) Excerpt of Record
The appellant's opening memorandum must be accompanied by an "Excerpt of Record." The Excerpt of Record must be separately bound, be prefaced by a Table of Contents, and contain true copies of all documents listed in Bankruptcy Rule 8009(b), along with any other portions of the bankruptcy files and records appellant has designated as part of the record on appeal and on which the party is relying on appeal, including the applicable portion of any transcript. An appellee may also file with its memorandum an Excerpt of Record containing materials required to be included but omitted by appellant, and/or other portions of the record upon which the appellee will rely. 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 which has been retained by the party. Copies need not be certified by the bankruptcy court 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.
(f) Time for Filing Memoranda / Motions for Extension of Time To File Memoranda
The time for filing the appellant's memorandum, appellee's memorandum, and all reply memoranda will be forty (40) days, thirty (30) days, and fourteen (14) days respectively, in lieu of the time limits specified in Bankruptcy Rule 8009(a). Any motion for extension of time to file a memorandum must be filed within the time limit prescribed by these rules for the filing of such memorandum and must be accompanied by a proof of service. The motion is to be supported by a declaration stating:
- When the memorandum was initially due;
- How many extensions of time, if any, have been granted;
- Reason(s) the extension is necessary;
- The specific amount of time requested; and
- 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 memorandum timely may result in the dismissal of the appeal. A memorandum 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 memorandum. 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.”|
Last Updated on Thursday, March 21, 2013