Mandate

(a) Issue Date. The mandate is a formal communication to the bankruptcy court indicating jurisdiction is transferred from the district court or BAP back to the bankruptcy court. The mandate must be issued promptly after the time to file a motion for rehearing expires unless the mandate is stayed under subdivision (b) of this rule, or this Court shortens or enlarges the time. (b) Stay Of Mandate. Unless this Court orders otherwise, the mandate is stayed until this Court resolves the following: (1) a timely filed motion for rehearing; (2) (3) a motion for stay of judgment under Fed. R. Bankr. P. 8025(b) that is filed before the mandate is issued; or a motion to stay the mandate that is filed before the mandate is issued. (c) Issuance of Mandate After Stay. If this Court stays its mandate pending appeal, the mandate must be issued promptly after this Court receives the mandate from the Court of Appeals. 85 Rule 8025. Staying a District Court or BAP Judgment (a) Automatic Stay of a Judgment on Appeal. Unless the district court or BAP orders otherwise, its judgment is stayed for 14 days after its entry. (b) Stay Pending an Appeal to a United States Court of Appeals. (1) In General. On a party’s motion with notice to all other parties to the appeal, the district court or BAP may stay its judgment pending an appeal to the court of appeals. (2) Time Limit. Except for cause, the stay must not exceed 30 days after the judgment is entered. (3) Stay Continued When an Appeal Is Filed. If, before a stay expires, the party who obtained it appeals to the court of appeals, the stay continues until final disposition by the court of appeals. (4) Bond or Other Security. A bond or other security may be required as a condition for granting or continuing a stay. If a trustee obtains a stay, a bond or other security may be required. But neither is required if a stay is obtained by the United States or its officer or agency, or by direction of any department of the United States government. (c) Automatic Stay of a Bankruptcy Court’s Order, Judgment, Or Decree. If the district court or BAP enters a judgment affirming the bankruptcy court’s order, judgment, or decree, a stay of the district court’s or BAP’s judgment automatically stays the bankruptcy court’s order, judgment, or decree while the appellate stay is in effect. (d) Power of a Court of Appeals or Its Judges Not Limited. This rule does not limit the power of a court of appeals or any of its judges to: (1) stay a judgment pending appeal; (2) stay proceedings while an appeal is pending; 86 (3) suspend, modify, restore, vacate, or grant a stay or an injunction while an appeal is pending; or (4) issue any order appropriate to preserve the status quo or the effectiveness of any judgment that might be entered. No local rule. 87 Rule 8026. Making and Amending Local Rules; Procedure When There Is No Controlling Law (a) Local Rules. (1) Making and Amending Local Rules. (A) BAP Local Rules. A circuit council that has authorized a BAP under 28 U.S.C. § 158(b) may make and amend local rules governing the practice and procedure on appeal to the BAP from a bankruptcy court’s judgment, order, or decree. (B) District-Court Local Rules. A district court may make and amend local rules governing the practice and procedure on appeal to the district court from a bankruptcy court’s judgment, order, or decree. (C) Procedure. Fed. R. Civ. P. 83 governs the procedure for making and amending local rules. A local rule must be consistent with—but not duplicate—an Act of Congress and these Part VIII rules. (2) Numbering. Local rules must conform to any uniform numbering system prescribed by the Judicial Conference of the United States. (3) Limitation on Enforcing a Local Rule Relating to Form. A local rule imposing a requirement of form must not be enforced in a way that causes a party to lose any right because of a nonwillful failure to comply. (b) Procedure When There Is No Controlling Law. A judge may regulate practice in any manner consistent with federal law, these rules, the Official Forms, and the district’s local rules. For any requirement set out elsewhere, a sanction or other disadvantage may be imposed for noncompliance only if the alleged violator was given actual notice of the requirement in the particular case.