SERVICE OF NOTICE OF APPEAL

U.S. Bankruptcy Court for the Central District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Central District of California

Rule: 8003-1

Jurisdiction: CACDB

Bluebook Citation: Bankr. C.D. Cal. R. 8003-1

(a) Service on Parties to Appeal. Within 3 days after the filing of a notice of appeal, the clerk will serve upon the counsel of record for each party to the appeal and on any party not represented by counsel a copy of the notice of appeal, Notice of Referral of Appeal, Appeal Service List, Transcript Order Form, Notice of Transcript, any motion for leave to file interlocutory appeal filed by the appellant and, if applicable, a copy of the Amended Order Continuing the Bankruptcy Appellate Panel of the Ninth Circuit. 109 [BLANK PAGE] 110 LBR 9001-1. DEFINITIONS (a) Definition of Terms.

As used in these rules, the following words and phrases are defined as follows: LBR 9001-1 (1) “Appellate Court” means the bankruptcy appellate panel or the district court exercising its appellate jurisdiction pursuant to 28 U.S.C. § 158. (2) “Application” means a request for judicial action that must be sought by application rather than motion under the FRBP. (3) “Attorney” or “Counsel” includes attorney, proctor, advocate, solicitor, counsel, or counselor. (4) “Bankruptcy Appellate Panel” means the United States Bankruptcy Appellate Panel of the Ninth Circuit.

(5) “Bankruptcy Code” or “Code” means title 11 of the United States Code. (6) “Brief” includes briefs, memoranda, points and authorities, and other written argument or compilations of authorities. (7) “Case” means a bankruptcy case commenced by the filing of a petition pursuant to 11 U.S.C. §§ 301, 302, 303, or 1504. (8) “Clerk” means the clerk of the United States Bankruptcy Court for the Central District of California and deputy clerks.

Other clerks may be specified in the text. (9) “CM/ECF” means the court’s Case Management/Electronic Case Files System. (10) “CM/ECF Procedures” means the administrative procedures for filing, signing, and verifying documents using the Case Management/Electronic Case Files (CM/ECF) system as authorized and approved by LBR 5005-4. The instructions for registration and procedures for use of CM/ECF are posted on the court’s website at the CM/ECF home page and contained in The Central Guide.

(11) “CM/ECF User” means a person or entity registered to use the court’s Case Management/Electronic Case Files system. (12) “Court” means the United States Bankruptcy Court of the Central District of California or the district court when exercising its original bankruptcy jurisdiction pursuant to 28 U.S.C. § 1334, including the judge to whom a case or proceeding is assigned. 111 LBR 9001-1 (13) “Court Manual” was replaced by The Central Guide effective January 2022. (14) “Courtroom Deputy” means a deputy clerk assigned to the courtroom of a judge of the court.

(15) “Court’s Website” means www.cacb.uscourts.gov. (16) “Declaration” means any declaration under penalty of perjury executed in conformance with 28 U.S.C. § l746 and any properly executed affidavit. (17) “Defendant” means a party against whom a claim for relief is made by complaint, counterclaim, or cross-claim. (18) “District Court” means the United States District Court for the Central District of California.

(19) “Document” includes all pleadings, motions, affidavits, declarations, briefs, points and authorities, and all other documents presented for filing or lodging, excluding exhibits submitted during a hearing or trial. (20) “F.R.App.P.” means the Federal Rules of Appellate Procedure. (21) “FRBP” means the Federal Rules of Bankruptcy Procedure. (22) “F.R.Civ.P.” means the Federal Rules of Civil Procedure.

(23) “F.R.Evid.” means the Federal Rules of Evidence. (24) “File” means the delivery, including electronically via CM/ECF, to and acceptance by the clerk, courtroom deputy, the court, or other person authorized by the court of a document that will be noted in the docket. (25) “Judge” means a bankruptcy judge, district court judge, or other judicial officer in a case or proceeding assigned to the court. (26) “Local Civil Rules” means the Local Civil Rules of the United States District Court for the Central District of California, including Chapter IV, Local Rules of the District Court Governing Bankruptcy Appeals, Cases and Proceedings; and such other rules and general orders adopted by the district court concerning cases or proceedings filed or pending in the bankruptcy court.

(27) “Lodge” means to deliver, including electronically via LOU, to the clerk, courtroom deputy, the court, or other person authorized by the court a document that is tendered to the court but is not approved for filing, such as a proposed form of order, a transcript of a deposition or other recorded examination, or an exhibit register. (28) “LOU” means the court’s Lodged Order Upload program. 112 LBR 9001-1 (29) “LOU Procedures” means the procedures for LOU posted on the court’s website at the CM/ECF home page and contained in The Central Guide. (30) “Motion” includes all motions, applications, objections to claims that are not adversary proceedings, or other requests made for judicial action except by complaint, counterclaim, or cross-claim.

(31) “Movant” means an entity requesting an order other than by way of complaint, counterclaim, or cross-claim. (32) “NEF” means a Notice of Electronic Filing transmitted by the CM/ECF electronic transmission program to persons or entities registered with the court for electronic delivery of filed documents. (33) “Ninth Circuit” means the United States Court of Appeals for the Ninth Circuit. (34) “Notice of Entry” means a docket entry or other document that provides notice to appropriate persons or entities that an order or judgment has been entered, including a Notice of Electronic Filing, a BNC Certificate of Notice, or other Proof of Service or Certificate of Mailing.

(35) “Petitioner” means a party who files a voluntary or involuntary petition to commence a bankruptcy case. (36) “Petition Packages” are packages of basic information and forms required to file a voluntary chapter 7, chapter 11, or chapter 13 bankruptcy case in the Central District of California. Petition packages are available on the court’s website at www.cacb.uscourts.gov. (37) “Plaintiff” means a party claiming affirmative relief by complaint, counterclaim, or cross-claim.

(38) “Proceeding” includes motions, adversary proceedings, contested matters, and other matters presented to the court. It does not include a “case” as defined above. (39) “Proof of Service” means a document certifying that a person or entity who filed or lodged a document with the court (A) served other appropriate persons or entities with a copy of the document filed or lodged, and (B) identified appropriate persons who will be served via NEF by the court’s CM/ECF electronic transmission program. (40) “Respondent” means an entity responding to a request for an order other than by way of complaint, counterclaim, or cross-complaint.

(41) “The Central Guide” means the online guide maintained and updated periodically by the clerk that includes four sections: Common Bankruptcy 113 LBR 9009-1 Procedures and Information; Serving Documents and Giving Notice; Judges’ Procedures - Judges’ Webpages, and Match Local Bankruptcy Rules with Forms. The Central Guide is available on the court’s website www.cacb.uscourts.gov. (41) “United States attorney” means the United States attorney for the Central District of California, and any assistant United States attorney, employee, or designee of the United States attorney. (42) “United States trustee” means the United States trustee for Region 16, and any assistant United States trustee, employee, or designee of the United States trustee.

(b) Terms Not Otherwise Defined. A term not defined in this rule will have the meaning provided in the Bankruptcy Code or the FRBP.

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