Indicative Rulings

First Circuit Bankruptcy Appellate Panel Local Rules

Rule: 8008-1

Jurisdiction: US

Bluebook Citation: 1st Cir. BAP L.R. 8008-1

(a) Notice to the Court Where the Appeal is Pending. 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, and the bankruptcy court issues a ruling under Fed. R. Bankr. P. 8008(a), the movant shall, within 7 days, file with the BAP a motion in which it will notify the BAP of the bankruptcy court ruling and indicate whether it is seeking an order of remand and retention of jurisdiction or whether it is seeking an order dismissing the appeal. (b) Remand After An Indicative Ruling. If the BAP issues an order of remand and retention of jurisdiction, the movant shall, within 7 days after the bankruptcy court has issued an order on the 8 underlying motion for relief, file with the BAP a report indicating the disposition of the underlying motion for relief and whether the appeal has been rendered moot or the movant intends to proceed with the appeal.

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