Failure to Respond to Motion

U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule: 8013-3

Jurisdiction: EDPAB

Bluebook Citation: Bankr. E.D. Pa. L.R. Adm. R. 8013-3

All Rules: Bankr. E.D. Pa. L.R. Adm. Local Bankruptcy Rules, complete index


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If a party to an appeal fails to respond to a motion within the 7 day response period under Fed. R. Bankr. P. 8013(a)(3)(A), the court may grant the motion as uncontested. -64- Local Rule 8014-1 Brief of Appellant (a) Issues Raised Below and Related Litigation. In addition to the sections enumerated in Fed. R. Bankr. P. 8014(a), the brief of appellant must include the following: in the statement of the issues presented required by Fed. R. Bankr. P. 8014(a)(5), a designation by reference to specific pages of the appendix or place in the proceedings at which each issue on appeal was raised, objected to, and ruled upon; and after the statement of issues presented, a statement of all appeals which arose from the debtor’s bankruptcy case previously or are currently pending in the district court or court of appeals; whether the matter on appeal has been before the district court or court of appeals previously; and whether the appellant is aware of any other pending judicial proceeding in a federal or state court that presents issues which if decided may be relevant to the issues presented by the appellant’s appeal and not duplicative of cases cited in the body of appellant’s brief. (b) Standard of Review. The brief of the appellant must include under a separate heading before the discussion of the issues a statement of which standard or scope of review is applicable to each issue on appeal (e.g. whether the bankruptcy court abused its discretion; whether the bankruptcy court’s fact findings are clearly erroneous; whether the bankruptcy court erred in formulating or applying a legal precept)

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