Bankruptcy Appeals

(a) When a party files a notice of appeal with the bankruptcy court clerk, and the notice is not timely filed in accordance with Fed. R. Bankr. P. 8002(a), and the party did not file a motion for extension of time in accordance with Fed. R. Bankr. P. 8002(c), the bankruptcy court clerk shall forward the notice of appeal together with a “Certification of Noncompliance” to the Clerk without assembling the record as provided for in Fed. R. Bankr. P. 8007(b). The Clerk shall file the notice and certificate, assign a civil action number, and forward the file to a District Judge to determine whether the party timely filed the notice of appeal or whether to dismiss the appeal as untimely. If the District Judge determines that the party timely filed the appeal or that the appeal should otherwise be perfected, the Clerk shall notify the bankruptcy court clerk to complete the record promptly in accordance with Fed. R. Bankr. P. 8007(b). (b) The Clerk shall issue a standard bankruptcy appeal scheduling order at the time of the filing of the record on appeal, a copy of which the Clerk shall provide to the parties, the bankruptcy judge from whom the appeal was taken, and the bankruptcy court clerk.

(c) Appeals from a decision of the bankruptcy court shall be in accordance with 28 U.S.C. § 158 and applicable bankruptcy rules. Fed. R. Bankr. P. 8009 respecting the filing of briefs shall not be applicable, and the parties shall file their briefs in accordance with this Court’s scheduling order.