Transmittal of Notice of Appeal to Bankruptcy Judge; Committee Notice and
U.S. Bankruptcy Court for the District of Delaware
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Request for Service. (a) (b) (c) (d) Transmittal of Notice of Appeal to Bankruptcy Judge. When appealing from an order entered by a bankruptcy Judge, the appellant must mail or deliver a copy of the notice of appeal to the bankruptcy Judge whose order is the subject of the appeal substantially contemporaneous with the filing of the notice of appeal. Notice to Official Committees.
With respect to an appeal in which any official committee in the bankruptcy case from which such appeal originated is not a named party to the appeal, the party filing such notice of appeal or notice of cross-appeal must serve a copy of such notice on counsel to any such official committee simultaneously with the filing of the notice of appeal or notice of cross-appeal and must file with the notice of appeal or notice of cross-appeal a certificate of service. Committee Request for Notice. Any official committee wishing to be placed on the service list for any appeal for the purpose of receiving notices and copies of papers served must file with the Court or District Court (if the appeal has been docketed in the District Court) a request for notice within 21 days of service of the notice of appeal or the notice of cross- appeal as provided for in Local Rule 8003-1(b). Noncompliance with Local Rule 8003-1 does not affect the validity of an appeal and may not be a basis for the Clerk to refuse to accept for filing any document that otherwise complies with Part VIII of the Fed. R. Bankr. P. 91 Rule 8003-2 Opinion in Support of Order.
Any bankruptcy Judge whose order is the subject of an appeal may file a written opinion that supports the order being appealed or that supplements any earlier written opinion or recorded oral bench ruling or opinion within 7 days after the filing date of the notice of appeal. 92 Rule 8004-1 Applicability to Appeals by Leave. Local Rules 8003-1, 8003-2 and 8009-1 apply in connection with appeals by leave pursuant to Fed. R. Bankr. P. 8004. 93 Rule 8009-1 Record on Appeal.
(a) At the time of filing the designation identified in Fed. R. Bankr. P. 8009(a), the parties must file an index identifying by docket number, if available, the following items: (i) Those documents identified in the designation submitted under Fed. R. Bankr. P. 8009(a)(4); (ii) Any documents that may be expressly requested by the Clerk or the Court; and (iii) A copy of the transcript ordered under Fed. R. Bankr. P. 8009(a); if unavailable, evidence that the transcript has been ordered. In the event that a document identified in the designations does not have a docket number (e.g., exhibits submitted during a hearing, etc.) such documents must be filed with the Clerk or the District Court (if the appeal has been docketed in the District Court) at the time the index is filed and must be referenced in the index by hearing date and exhibit number. The appellant’s designation of items to be included in the record on appeal must include any written opinion issued by the bankruptcy Judge pursuant to Local Rule 8003-2. The parties must file designations consistent with the Local Rules and any applicable orders of the District Court and the Bankruptcy Court.
Consistent with the District Court’s Standing Order dated November 9, 2015, in addition to filing any designation of the record and statement of issues on appeal in the Bankruptcy Court as required by Fed. R. Bankr. P. 8009, a copy of the designation and statement must also be filed with the District Court and contain the Bankruptcy Court case number as well as the designated District Court civil action number for the appeal. (b) (c) (d) (e) 94 Rule 8024-1 Notice of Disposition of Appeal. Within 3 days of issuance of an order disposing of an appeal, in whole or in part, by the District Court, Court of Appeals or Supreme Court, or a filing that reflects the resolution and/or withdrawal of the appeal in whole or in part, counsel for appellant (or movant in a miscellaneous matter) must file notice of such disposition and must provide the bankruptcy Judge with a written copy of the filing, opinion and/or order disposing of the appeal.