(a) Duty of Reporter To Prepare and File Transcript. On receipt of a request for a transcript, the reporter shall acknowledge on the request the date it was received and the date on which the reporter expects to have the transcript completed and shall transmit the request, so endorsed, to the clerk or the clerk of the bankruptcy appellate panel. On completion of the transcript the reporter shall file it with the clerk and, if appropriate, notify the clerk of the bankruptcy appellate panel. If the transcript cannot be completed within 30 days of receipt of the request the reporter shall seek an extension of time from the clerk or the clerk of the bankruptcy appellate panel and the action of the clerk shall be entered in the docket and the parties notified. If the reporter does not file the transcript within the time allowed, the clerk or the clerk of the bankruptcy appellate panel shall notify the bankruptcy judge.
(b) Duty of Clerk To Transmit Copy of Record; Docketing of Appeal. When the record is complete for purposes of appeal, the clerk shall transmit a copy thereof forthwith to the clerk of the district court or the clerk of the bankruptcy appellate panel. On receipt of the transmission the clerk of the district court or the clerk of the bankruptcy appellate panel shall enter the appeal in the docket and give notice promptly to all parties to the judgment, order, or decree appealed from of the date on which the appeal was docketed. If the bankruptcy appellate panel directs that additional copies of the record be furnished, the clerk of the bankruptcy appellate panel shall notify the appellant and, if the appellant fails to provide the copies, the clerk shall prepare the copies at the expense of the appellant.
(c) Record for Preliminary Hearing. If prior to the time the record is transmitted a party moves in the district court or before the bankruptcy appellate panel for dismissal, for a stay pending appeal, for additional security on the bond on appeal or on a supersedeas bond, or for any intermediate order, the clerk at the request of any party to the appeal shall transmit to the clerk of the district court or the clerk of the bankruptcy appellate panel a copy of the parts of the record as any party to the appeal shall designate.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991.)
added in current removed in current
Compared to current version (2025).
(a) Duty of Reporter To Prepare and File Transcript. On receipt of a request for a transcript, the reporter shall acknowledgeInitial Motion in the Bankruptcy Court.
(1) In General. Ordinarily, a party must move first in the bankruptcy court for the following relief:
(A) a stay onf the request the date it was received and the date on which the reporter expects to have the transcript completed and shall transmit the request, so endorsed, to the clerk or the clerk of thbankruptcy court’s judgment, order, or decree pending appeal;
(B) the approval of a bond or other security provided to obtain a stay of judgment;
(C) an order suspending, modifying, restoring, or granting an injunction while bankruptcy appellate panel. On completion of the transcript appeal is pending; or
(D) an order suspending or continuing proceedings or granting other reporter shall file it with the clerk and, if appropriate, notify the clerk of the bankruptcy appellate panel. If the transcript cannot be completed within 30 days of receipt of the request the reporter shall seek an extension of time from the clerk or the clerk of the bankruptcy appellate panel and the action of the clerk shall be entered in the docket and the parties notified. If the reporter does not file the transcript within the time allowed, the clerk or the clerk of the bankruptcy appellate panel shall notify the bankruptcy judge.
(b) Duty of Clerk To Transmit Copy of Record; Docketing of Appeal. Wlief permitted by (e).
(2) Time to File. The motion may be filed either before or after the notice of appeal is filed.
(b) Motion in the District Court, BAP, or Court of Appeals on Direct Appeal.
(1) In General. A motion for the relief specified in (a)(1)-or to vacate or modify a bankruptcy court’s order granting such relief-may be filed in the court where the appeal is pending.
(2) Required Showing. The motion must:
(A) show that moving first in the bankruptcy court would be impracticable; or
(B) if a motion has already been made in the bankruptcy court, state whethenr the record is complete for purposes of appeal, the clerk shall transmit a copy thereof forthwith to the clerk of the district court or the clerk of the bankruptcy appellate panel. On receipt of the transmission the clerk of the district court or the clerk of the bankruptcy appellate panel shall enter the appeal in the docket and give notice promptly to all parties to the judgment, order, or decree appealed from of the date on which the appeal was docketed. If the bankruptcy appellate panel directs that additional copcourt has ruled on it, and if so, state any reasons given for the ruling.
(3) Additional Requirements. The motion must also include:
(A) the reasons for granting the relief requested and the facts relied on;
(B) affidavits or other sworn statements supporting facts subject to dispute; and
(C) relevant parts of the record.
(4) Serving Notice. The movant must give reasonable notice of the motion to all parties.
(c) Filing a Bond or Other Security as a Condition of Relief. The district court, BAP, or court of appeals may condition reliesf of the record be furnished, the clerk of the bankruptcy appellate panel shall notify the appellant and, if the appellant fails to provide the copies, the clerk shall prepare the copies at the expense of the appellant.
(c) Recorn filing a bond or other security with the bankruptcy court.
(d) Bond or Other Security for a Trustee; Not for the United States. The court may require a trustee who appeals to file a bond or other security. No bond for Preliminary Hearing. If prior to the time the record is transmitted a party movsecurity is required when:
(1) the United States, in the district court or before the bankruptcy appellate panel for dismissal, for a stay pending appeal, for additional security on the bond on appeal or on a supersedeas bond, or for any intermediate order, the clerk at the request of any party to the appeal shall transmit to the clerk of the district court or the clerk of the bankruptcy appellate panel a copyts officer, or its agency appeals; or
(2) an appeal is taken by direction of any federal governmental department.
(e) Continuing Proceedings in the Bankruptcy Court. Despite Rule 7062-but subject to the authority of the district court, BAP, or court of appeals-while the appeal is pending, the bankruptcy court may:
(1) suspend or order the continuation of other parts of the record as any party to the appeal shall designate.
(Asroceedings in the case, or
(2) issue any appropriate order to protect the rights of all parties in interest. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended MaApr. 30, 198726, 2018, eff. AugDec. 1, 19872018; Apr. 30, 19912, 2024, eff. AugDec. 1, 19912024.)