EMERGENCY MOTIONS

Ninth Circuit Bankruptcy Appellate Panel Rules

Rule: 8013(d)-1

Jurisdiction: US

Bluebook Citation: 9th Cir. BAP R. 8013(d)-1

(a) Contents. The motion and supporting declaration(s) must set forth the facts showing the existence and nature of the alleged immediate and irreparable harm. (b) Appendix. The emergency motion must be accompanied by an appendix containing: (1) (2) A conformed copy of the notice of appeal, and A copy of the entered judgment, order or decree from which the -2- (3) appeal was taken; If the emergency motion concerns a stay pending appeal, the appendix must also contain: (I) a conformed copy of the court’s order denying or granting the stay and any explanation by the court of its ruling, or a declaration explaining why such a copy is unavailable; and (ii) copies of all papers regarding the stay filed in bankruptcy court. Explanatory Note: When the emergency motion concerns a stay pending appeal, the parties are directed to Nken v. Holder, 556 U.S. 418,434 (2009), for standards in granting a stay pending appeal.

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