MNB seal United States Bankruptcy Court
District of Minnesota
Clerk's Offices
Duluth Fergus Falls
Minneapolis St. Paul
 
 

Local Rules Part 8


PART VIII

APPEALS


RULE 8001-1. GOVERNING RULES


Appeals to the bankruptcy appellate panel are governed by the local rules of the Bankruptcy Appellate Panel for the Eighth Circuit. Appeals to the district court are governed by this Part of these rules.

 

 

RULE 8003-1. MOTION FOR LEAVE TO APPEAL


The appellant shall file a notice of appeal of an interlocutory order under Federal Rule of Bankruptcy Procedure 8001(b), a motion for leave to appeal with the clerk of bankruptcy court under Federal Rule of Bankruptcy Procedure 8001(b), 8003 and 8008, and proof of service on all parties to the appeal. Any other party in interest may file a response under Federal Rule of Bankruptcy Procedure 8003(a). The clerk shall transmit such documents to the clerk of the district court as that court requires, together with the docket and notice of appeal under Federal Rule of Bankruptcy Procedure 8003(b). Upon filing, the clerk of the district court shall treat the motion for leave to appeal as an appeal for statistical purposes and deliver the documents to a district judge for disposition. Upon entry of a district court order granting leave to appeal, Local Rules 8006-1, 8007-1, 8007-2 and 8010-3 shall apply.


Fed. R. Bankr. P. Reference 8001, 8008.


NOTE: This rule is promulgated by the district court.



RULE 8005-1. STAY PENDING APPEAL


Local Rule 8011-1 applies to motions for any relief pending appeal.


NOTE: This rule is promulgated by the district court.



RULE 8006-1. DESIGNATION OF RECORD - APPEAL


(a) OFFICIAL RECORD ON APPEAL. The original documents and exhibits filed in the bankruptcy case or adversary proceeding, the transcript of proceedings if any, and the docket of the bankruptcy case or adversary proceeding are the record on appeal. The fact that parts of the record on appeal are not included in the designated record or appendix shall not prevent the parties or the district court from relying on them.


(b) DESIGNATED RECORD. Except as provided in paragraph (c) of this rule, the appellant and other parties shall designate in writing, in the manner otherwise provided in Federal Rule of Bankruptcy Procedure 8006, the particular documents of the official record on appeal to be included in the designated record. Each document designated shall be described specifically by name of document and date filed. If the appellant or other party designates any transcript of proceedings or any part thereof, the party shall state in the designation the date the transcript was ordered and specify the parts ordered, and if no such transcript is to be ordered, the party shall include a statement in the designation to that effect.


(c) SEPARATE APPENDICES. In lieu of a designated record, the appellant and other parties may file, within 14 days after the filing of the notice of appeal or entry of an order granting leave to appeal, a stipulation providing that the parties shall file with the clerk of the district court separate appendices. Unless the district court orders otherwise, the parties shall serve and file with the clerk of the district court their separate appendices along with their respective briefs. The parties also shall arrange for the clerk of the bankruptcy court to transmit transcripts or exhibits separately to the clerk of the district court.


(d) LIMITS. Parties to an appeal should include in the designated record or appendices only those parts of the official record on appeal they deem absolutely necessary to be transmitted to the district court. Except where they have independent relevance, memoranda of law should not be included in the designated record or appendices.


NOTE: This rule is promulgated by the district court.



RULE 8006-2. STATEMENT OF ISSUES


The appellant shall file a statement of the issues to be presented on appeal in accordance with Federal Rule of Bankruptcy Procedure 8006.


NOTE: This rule is promulgated by the district court.



RULE 8007-1. COMPLETION OF RECORD - APPEAL (TRANSCRIPT)


If the court made findings of fact and conclusions of law on the record, the appellant shall order a transcript of proceedings for the portion of the proceeding where such findings or conclusions were made. In addition, the appellant or any other party may order a transcript of proceedings for any other portion of the proceeding relevant to the appeal.

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NOTE: This rule is promulgated by the district court.




RULE 8007-2. TRANSMISSION OF RECORD - APPEAL


Within 30 days after the notice of appeal is filed or an order granting leave to appeal is entered, the clerk shall transmit to the clerk of district court : 1) the notice of appeal; 2) the judgment, order or decree appealed from; 3) the docket; 4) the statement of issues on appeal; 5) any opinion, findings of fact, and conclusions of law of the court; 6) the designated record or the stipulation for separate appendices. If a stipulation for separate appendices is filed, the clerk shall indicate in the transmittal that the appellant and other parties have agreed to file separate appendices. If the district court so orders, the clerk shall transmit copies of all or any part of the official record on appeal to the clerk of the district court, retaining the original of all such parts of the record.


NOTE: This rule is promulgated by the district court.



RULE 8010-1. FORM OF BRIEFS - APPEAL


The appellant's brief shall include an addendum placed at the end of the brief. The addendum shall include the judgment, order, or decree appealed from and any opinion, findings of fact and conclusions of law of the court. It may also include not more than 15 pages of any other relevant material including exhibits, limited excerpts from a transcript, excerpts from any part of the record on appeal, or items specified in Federal Rule of Bankruptcy Procedure 8010(b). The appellee's brief may include an addendum consisting of not more than 15 pages of relevant material not included in the addendum to appellant's brief. References in a brief to documents in an addendum shall refer to the pages of the addendum where those documents appear.


NOTE: This rule is promulgated by the district court.



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RULE 8010-3. LENGTH OF BRIEFS - APPEAL


Briefs shall be prepared, served and filed in accordance with Federal Rule of Bankruptcy Procedure 8009 and 8010, except that no party shall file a brief exceeding 9100 words, exclusive of addendum pages. If a reply brief is filed, the cumulative total or the original brief and the reply brief shall not exceed, 9100 words, exclusive of addendum pages. A verification certifying compliance with the word limitation requirements of this rule shall also be filed with each brief.


NOTE: This rule is promulgated by the district court.



RULE 8011-1. MOTION FOR RELIEF PENDING APPEAL


(a) IN BANKRUPTCY COURT. Unless the district court directs otherwise, all motions for relief pending appeal under Federal Rule of Bankruptcy Procedure 8005, 8007(c) or 8011(d), except a motion to dismiss the appeal, shall first be made to the bankruptcy court.


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(b) IN DISTRICT COURT. Any motion to the district court for relief pending appeal under Federal Rule of Bankruptcy Procedure 8005, 8007(c) or 8011(d), except a motion to dismiss the appeal, shall show that the relief requested was first sought and not obtained from the bankruptcy court. The motion shall contain copies of such parts of the original record as may be appropriate. Upon the filing of such motion and proof of service upon all parties to the appeal, the clerk of the district court shall treat the motion as an appeal for statistical purposes, unless the appeal has been docketed already in the district court under Federal Rule of Bankruptcy Procedure 8007(b), and deliver the motion to a district judge for disposition.


NOTE: This rule is promulgated by the district court.



RULE 8016-1. ENTRY OF JUDGMENT AND NOTICE


(a) BY CLERK OF DISTRICT COURT. Under Federal Rule of Bankruptcy Procedure 8016, upon decision on appeal by the district court under Federal Rule of Bankruptcy Procedure 8013, the clerk of the district court shall enter judgment and transmit a copy of the judgment as notice of entry and a copy of the decision to each party to the appeal, the clerk of bankruptcy court, and the United States Trustee.


(b) BY CLERK OF BANKRUPTCY COURT. Subject to Federal Rule of Bankruptcy Procedure 8017, the clerk of bankruptcy court shall file and enter the judgment and decision in the docket of the case or proceeding and the bankruptcy court shall enter such further order or judgment including taxation of costs as may be appropriate. If judgment of the district court is appealed to the court of appeals, upon receipt of a copy of the decision by the court of appeals from the clerk of the court of appeals under Fed. R. App. P. 36, but subject to Fed. R. App. P. 41 , the clerk of bankruptcy court shall file and enter the decision in the docket of the case or proceeding, and the bankruptcy court shall enter such further order or judgment including taxation of costs as may be appropriate.

 

NOTE: This rule is promulgated by the district court.