Procedure in Bankruptcy Appeals.

(a) Docketing and Notice. Upon receipt of the record on appeal from the Clerk of the Bankruptcy Court, the Clerk of the District Court shall immediately docket it in the case in which the notice of appeal was filed and give notice to all parties to the appeal of the briefing schedule. (b) Dismissal for Failure to Perfect Appeal. If the appellant fails to perfect the appeal in the manner prescribed by Bankruptcy Rule 8009: (1) Motion by Appellee.

Any appellee may file a motion in the District Court to dismiss the appeal. The motion shall be supported by an affidavit or declaration of counsel for the moving party, setting forth the date and substance of the judgment or order from which the appeal is taken, the date upon which notice of appeal was filed, and the facts showing appellant’s failure to perfect the appeal in the manner prescribed by Bankruptcy Rule 8009. (2) Recommendation by Bankruptcy Court. The Bankruptcy Court may, on its own motion, transmit the notice of appeal to the District Court with a recommendation that the appeal be dismissed.

The transmittal shall be accompanied by a certificate of the Bankruptcy Judge indicating the reasons for the recommendation. The Clerk of the Bankruptcy Court shall serve copies of the transmittal and the certificate on all parties. (3) Procedure. Upon receipt of a motion under subsection (1) or a recommendation under subsection (2) of this subsection (b), the Clerk of the District Court shall docket the motion in the case previously assigned to the appeal.

Unless the assigned District Judge orders otherwise: within 14 days after receiving notice of the assignment to a District Judge, appellant shall file in the District Court a brief of not more than five pages in opposition to dismissal of the appeal; 14 days thereafter, appellee(s) may file a reply brief of not more than five pages; no hearing will be held unless the assigned District Judge orders otherwise. (c) Other Rules. When the Bankruptcy Rules, the FRCivP and the Civil L.R. are silent as to a particular matter of practice on an appeal to the District Court from the Bankruptcy Court, the assigned District Judge may apply the Rules of the United States Court of Appeals for the Ninth Circuit, the FRAppP, and the Rules of the United States Bankruptcy Appellate Panel of the Ninth Circuit. BKR 40 (Effective May 4, 2026) 8014-1.

Content of Briefs When Appeal Challenges Bankruptcy Court’s Authority to Enter Final Order or Judgment. Where the Bankruptcy Court has entered a final order or judgment, and a party contends that the Bankruptcy Court lacked constitutional or statutory authority to enter that final order or judgment, such party shall file an appeal in the manner specified in B.L.R. 8004-1, and all parties= briefs to the District Court shall: (a) contain argument and information addressing whether the Bankruptcy Court had authority to enter the final order or judgment; (b) contain all argument and information that the brief must contain if it were undisputed that the Bankruptcy Court had authority to enter the final order or judgment; and (c) satisfy all the requirements of B.L.R. 9033-1, treating the findings of fact and conclusions of law of the Bankruptcy Court as proposed findings of fact and conclusions of law for that purpose. Commentary This rule is intended to clarify the issues that the parties must address in their appellate briefs to the District Court in a case in which the Bankruptcy Court has entered a final order or judgment, and a party contends on appeal that the Bankruptcy Court had authority only to submit proposed findings of fact and conclusions of law to the District Court. The briefs must address whether the Bankruptcy Court had authority to enter the order or judgment.

The briefs must also address how the appeal should be resolved if the District Court determines that the Bankruptcy Court did have authority to enter the order or judgment. That is, the briefs must address whether the order or judgment should be affirmed under traditional standards of appellate review. Finally, the briefs must also address how the appeal should be resolved if the District Court determines that the Bankruptcy Court had authority only to submit proposed findings of fact and conclusions of law. In other words, the parties must satisfy all requirements that would apply if the Bankruptcy Court had submitted proposed findings of fact and conclusions of law to the District Court under B.L.R. 9033-1.