Consumer Bankruptcy Law and Practice: Rule 7068. Offer of Judgment
Rule 68 F. R. Civ. P. applies in adversary proceedings.
Rule 68 F. R. Civ. P. applies in adversary proceedings.
Rule 69 F. R. Civ. P. applies in adversary proceedings.
Rule 70 F. R. Civ. P. applies in adversary proceedings and the court may enter a judgment divesting the title of any party and vesting title in others whenever the real or personal property involved is within the jurisdiction of the court.
Rule 71 F. R. Civ. P. applies in adversary proceedings.
On motion and after a hearing, the court may transfer an adversary proceeding or any part thereof to another district pursuant to 28 U.S.C. § 1412, except as provided in Rule 7019(2).
(a) GENERAL SCOPE. These Part VIII rules govern the procedure in a United States district court and a bankruptcy appellate panel on appeal from a judgment, order, or decree of a bankruptcy court. They also govern certain procedures on appeal to a United States court of appeals under 28 U.S.C. § 158(d).
(b) DEFINITION OF “BAP.” “BAP” means a bankruptcy appellate panel established by a circuit’s judicial council and authorized to hear appeals from a bankruptcy court under 28 U.S.C. § 158.
(a) IN GENERAL.
(1) Fourteen–Day Period. Except as provided in subdivisions (b) and (c), a notice of appeal must be filed with the bankruptcy clerk within 14 days after entry of the judgment, order, or decree being appealed.
(2) Filing Before the Entry of Judgment. A notice of appeal filed after the bankruptcy court announces a decision or order—but before entry of the judgment, order, or decree—is treated as filed on the date of and after the entry.
(a) FILING THE NOTICE OF APPEAL.
(1) In general. An appeal from a judgment, order, or decree of a bankruptcy court to a district court or BAP under 28 U.S.C. § 158(a)(1) or (a)(2) may be taken only by filing a notice of appeal with the bankruptcy clerk within the time allowed by Rule 8002.
(a) NOTICE OF APPEAL AND MOTION FOR LEAVE TO APPEAL. To appeal from an interlocutory order or decree of a bankruptcy court under 28 U.S.C. § 158(a)(3), a party must file with the bankruptcy clerk a notice of appeal as prescribed by Rule 8003(a). The notice must:
(1) be filed within the time allowed by Rule 8002;
(2) be accompanied by a motion for leave to appeal prepared in accordance with subdivision (b); and
(a) FILING OF A STATEMENT OF ELECTION. To elect to have an appeal heard by the district court, a party must:
(1) file a statement of election that conforms substantially to the appropriate Official Form; and
(2) do so within the time prescribed by 28 U.S.C. § 158(c)(1).
(a) EFFECTIVE DATE OF A CERTIFICATION. A certification of a judgment, order, or decree of a bankruptcy court for direct review in a court of appeals under 28 U.S.C. § 158(d)(2) is effective when:
(1) the certification has been filed;
(2) a timely appeal has been taken under Rule 8003 or 8004; and
(3) the notice of appeal has become effective under Rule 8002.
(a) INITIAL MOTION IN THE BANKRUPTCY COURT.
(1) In General. Ordinarily, a party must move first in the bankruptcy court for the following relief:
(A) a stay of a judgment, order, or decree of the bankruptcy court pending appeal;
(B) the approval of a supersedeas bond;
(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending; or
(a) RELIEF PENDING APPEAL. If a party files a timely motion in the bankruptcy court for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the bankruptcy court may:
(1) defer considering the motion;
(2) deny the motion; or
(3) state that the court would grant the motion if the court where the appeal is pending remands for that purpose, or state that the motion raises a substantial issue.
(a) DESIGNATING THE RECORD ON APPEAL; STATEMENT OF THE ISSUES.
(1) Appellant.
(A) The appellant must file with the bankruptcy clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented.
(B) The appellant must file and serve the designation and statement within 14 days after:
(a) REPORTER’S DUTIES.
(1) Proceedings Recorded Without a Reporter Present. If proceedings were recorded without a reporter being present, the person or service selected under bankruptcy court procedures to transcribe the recording is the reporter for purposes of this rule.
(2) Preparing and Filing the Transcript. The reporter must prepare and file a transcript as follows:
(a) FILING.
(1) With the Clerk. A document required or permitted to be filed in a district court or BAP must be filed with the clerk of that court.
(2) Method and Timeliness.
(A) Nonelectronic filing
(a) NONGOVERNMENTAL CORPORATIONS. Any nongovernmental corporation that is a party to a proceeding in the district court or BAP must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The same requirement applies to a nongovernmental corporation that seeks to intervene.
(b) DISCLOSURE ABOUT THE DEBTOR. The debtor, the trustee, or, if neither is a party, the appellant must file a statement that:
(a) CONTENTS OF A MOTION; RESPONSE; REPLY.
(1) Request for Relief. A request for an order or other relief is made by filing a motion with the district or BAP clerk.
(2) Contents of a Motion.
(A) Grounds and the Relief Sought. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it.
(a) APPELLANT’S BRIEF. The appellant’s brief must contain the following under appropriate headings and in the order indicated:
(1) a corporate disclosure statement, if required by Rule 8012;
(2) a table of contents, with page references;
(3) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with references to the pages of the brief where they are cited;
(a) PAPER COPIES OF A BRIEF. If a paper copy of a brief may or must be filed, the following provisions apply:
(1) Reproduction.
(A) A brief may be reproduced by any process that yields a clear black image on light paper. The paper must be opaque and unglazed. Only one side of the paper may be used.
(B) Text must be reproduced with a clarity that equals or exceeds the output of a laser printer.
(a) APPLICABILITY. This rule applies to a case in which a cross-appeal is filed. Rules 8014(a)–(c), 8015(a)(7)(A)–(B), and 8018(a)(1)–(3) do not apply to such a case, except as otherwise provided in this rule.
(a) DURING INITIAL CONSIDERATION OF A CASE ON THE MERITS.
(1) Applicability. This Rule 8017(a) governs amicus filings during a court’s initial consideration of a case on the merits.
(a) TIME TO SERVE AND FILE A BRIEF. The following rules apply unless the district court or BAP by order in a particular case excuses the filing of briefs or specifies different time limits:
(1) The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically.
(2) The appellee must serve and file a brief within 30 days after service of the appellant’s brief.
If, on appeal, a district court determines that the bankruptcy court did not have the power under Article III of the Constitution to enter the judgment, order, or decree appealed from, the district court may treat it as proposed findings of fact and conclusions of law.
2018 COMMITTEE NOTE
(a) PARTY’S STATEMENT. Any party may file, or a district court or BAP may require, a statement explaining why oral argument should, or need not, be permitted.
(b) PRESUMPTION OF ORAL ARGUMENT AND EXCEPTIONS. Oral argument must be allowed in every case unless the district judge—or all the BAP judges assigned to hear the appeal—examine the briefs and record and determine that oral argument is unnecessary because
(1) the appeal is frivolous;