Diligent Prosecution of Appeals

(a) Reporting Changes. Attorneys who are not filing electronically and pro se parties shall immediately file with the BAP a statement of any address, telephone number, or facsimile number changes. (b) Dismissal for Failure to Prosecute. If no party has elected to proceed before the district court and no appellant prosecutes the appeal in accordance with the requirements of the Federal Rules of Bankruptcy Procedure and the First Circuit BAP Local Rules, the BAP clerk may enter an 13 order dismissing the appeal for failure to prosecute. (1) Discretion to Reinstate. The BAP may reinstate the appeal upon a motion by a defaulting party, within 14 days of service of the order. Such a motion shall not be allowed absent a verified statement by counsel for the defaulting party or by the defaulting party, if pro se, showing special circumstances justifying the failure to comply with the requirements of the Federal Rules of Bankruptcy Procedure or these rules. (c) Sanctions for Vexatious Litigation. When any party to a proceeding before the BAP or any attorney practicing before the BAP files a motion, brief, or other document that is frivolous or interposed for an improper purpose, such as to harass or to cause unnecessary delay, or unreasonably or vexatiously increases litigation costs, the BAP may, on its own motion, or on a motion of a party, impose appropriate sanctions on the offending party, the attorney, or both. Any party or attorney on whom sanctions may be imposed under this rule shall be afforded an opportunity to respond within fourteen days of service of a motion or an order to show cause before sanctions are imposed by the court.