Filing Briefs, Appendices, and Other Documents

(a) Filing of Briefs or Appendices. After the BAP dockets the record, it will issue a briefing order setting forth the deadlines for the filing of all briefs and appendices. Briefs and appendices filed electronically must be filed on or before the date provided in the briefing order. Briefs and appendices not filed electronically may be timely filed if they are sent in compliance with Fed. R. Bankr. P. 8011(a)(2)(B). Under no circumstances will the BAP clerk accept for filing by facsimile briefs and appendices. (b) Form of Appendix. In addition to the provisions for an appendix set forth in Fed. R. Bankr. P. 8009 and 8018, an appendix shall be a document separate from the brief, contain a cover page with the case caption, and be sequentially paginated. Only documents properly before the bankruptcy court may be included in the appendix. (c) Motion for Extension of Time for Filing a Brief. (1) Requirements. A motion for extension of time for filing a brief shall: be filed within the time limit established by the briefing order for the filing of such brief; (A) be supported by a declaration setting forth any previous briefing deadlines; how many extensions of time, if any, have been granted; and whether any previous requests for extensions of time have been denied or denied in part; and (B) briefly recite the reasons why such an extension is necessary and the amount of time requested. (2) Consequence of Failure to File Brief Timely. An appellant’s failure to file a brief timely may result in dismissal of the appeal. An appellee’s failure to file a brief timely may result in loss of the right to be heard at oral argument. Briefs filed late shall be accompanied by a motion in accordance with subsection (c) of this rule. The BAP has no obligation to grant an untimely motion for an extension of time to file a brief or consider a late brief. 12