Misfiled Documents

Tenth Circuit Bankruptcy Appellate Panel Local Rules

Rule: 8011-3

Jurisdiction: US

Bluebook Citation: 10th Cir. BAP L.R. 8011-3

If a document intended for the district court or BAP is misfiled with the bankruptcy court clerk’s office or another court’s clerk’s office, that clerk must note on the document the date it was received and promptly send it to the clerk of the court where the appeal is pending. If this does not occur, the district court or BAP clerk’s office may retrieve a copy of the misfiled document from the docket of the court where the document was misfiled and docket it with the court where the appeal is pending. The document is then considered filed on the date noted in the court where the appeal is pending. 42 Rule 8012. Disclosure Statement (a) Disclosure by a Nongovernmental Corporation. Any nongovernmental corporation that is a party to a district court or BAP proceeding or that seeks to intervene must file a statement that: (1) identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock; or (2) states that there is no such corporation. (b) Disclosure About the Debtor. The debtor, the trustee, or, if neither is a party, the appellant must file a statement that: (1) identifies each debtor not named in the caption; and (2) for each debtor that is a corporation, discloses the information required by (a). (c) Time to File; Supplemental Filing. A Rule 8012 statement must: (1) be filed with the principal brief or upon filing a motion, response, petition, or answer in the district court or BAP, whichever occurs first—unless a local rule requires earlier filing; (2) be included before the table of contents in the principal brief; and (3) be supplemented whenever the information required by this rule changes.

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