(a) Content of Motions; Response; Reply. A request for an order or other relief shall be made by filing with the clerk of the district court or the clerk of the bankruptcy appellate panel a motion for such order or relief with proof of service on all other parties to the appeal. The motion shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order within seven days after service of the motion, but the district court or the bankruptcy appellate panel may shorten or extend the time for responding to any motion.
(b) Determination of Motions for Procedural Orders. Notwithstanding subdivision (a) of this rule, motions for procedural orders, including any motion under Rule 9006, may be acted on at any time, without awaiting a response thereto and without hearing. Any party adversely affected by such action may move for reconsideration, vacation, or modification of the action.
(c) Determination of all Motions. All motions will be decided without oral argument unless the court orders otherwise. A motion for a stay, or for other emergency relief may be denied if not presented promptly.
(d) Emergency Motions. Whenever a movant requests expedited action on a motion on the ground that, to avoid irreparable harm, relief is needed in less time than would normally be required for the district court or bankruptcy appellate panel to receive and consider a response, the word ‘‘Emergency’’ shall precede the title of the motion. The motion shall be accompanied by an affidavit setting forth the nature of the emergency. The motion shall state whether all grounds advanced in support thereof were submitted to the bankruptcy judge and, if any grounds relied on were not submitted, why the motion should not be remanded to the bankruptcy judge for reconsideration. The motion shall include the office addresses and telephone numbers of moving and opposing counsel and shall be served pursuant to Rule 8008. Prior to filing the motion, the movant shall make every practicable effort to notify opposing counsel in time for counsel to respond to the motion. The affidavit accompanying the motion shall also state when and how opposing counsel was notified or if opposing counsel was not notified why it was not practicable to do so.
(e) Power of a Single Judge To Entertain Motions. A single judge of a bankruptcy appellate panel may grant or deny any request for relief which under these rules may properly be sought by motion, except that a single judge may not dismiss or otherwise decide an appeal or a motion for leave to appeal. The action of a single judge may be reviewed by the panel.
added in current removed in current
Compared to current version (2025).
(a) Content of Motions; Response; Reply. A request for an order or other relief shall be made by filing with the clerk of the district court or the clerk of the bankruptcy appellate panel a motion for such order or relief with proof of service on all other parties to the appeal. The motion shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the ordFiling.
(1) With the Clerk. A document required or permitted to be filed in a district court or BAP must be filed with the clerk of that court.
(2) Method and Timeliness.
(A) Nonelectronic Filing.
(i) For a document not filed electronically, filing may be accomplished by mail addressed to the district or BAP clerk. Except as provided in (ii) and (iii), filing is timely only if the clerk receives the document within the time set for filing.
(ii) A brief or appendix not filed electronically is also timely filed if, on or before the last day for filing, it is: • mailed to the clerk by first-class mail-or other class of mail that is at least as expeditious-postage prepaid; or • dispatched to a third-party commercial carrier for rdelief sought. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order within seven days after service of the motion, but the district court or the bankruptcy appellate panel may shorten or extend the time for responding to any motionvery to the clerk within 3 days.
(iii) If an institution has a system designed for legal mail, an inmate confined there must use that system to receive the benefit of this item (iii). A document not filed electronically by an inmate confined in an institution is timely if it is deposited in the institution’s internal mailing system on or before the last day for filing and: • it is accompanied by a declaration in compliance with 28 U.S.C. § 1746-or a notarized statement-setting out the date of deposit and stating that first-class postage is being prepaid; or by evidence (such as a postmark or date stamp) showing that the notice was so deposited and that postage was prepaid; or • the appellate court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies this item (iii).
(B) Electronic Filing.
(bi) Determination of Motions for Procedural Orders. Notwithstanding subdivision (a) of this rule, motions for proceAn entity represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for cause or is allowed or required by local rule.
(ii) An individural orders, including any motion under Rule 9006, may be acted on at any time, withnot represented by an attorney: • may file electronically only if allowed by court awaiting a response thereto and withorder or by local rule; and • may be required to file electronically only by court hearing. Any party adversely affected by such action may move for reconsideration, vacation, or modification of the actionorder, or by a local rule that includes reasonable exceptions.
(iii) A document filed electronically is a written paper for purposes of these rules.
(cC) Determination of all Motions. All motions will be decided without oral argument unless the court orders otherwise. A motion for a stay, or fWhen Paper Copies Are Required. No paper copies are required when a document is filed electronically. If a document is filed by mail or by delivery to the district court or BAP, no additional copies are required. But the district court or BAP may, by local rule or othrder emergency relief may be denied if not presented promptlyin a particular case, require that a specific number of paper copies be filed or furnished.
(d3) Emergency MotionClerk’s Refusal of Documents. WThenever a movant requests expedited action on a motion on the ground that, to avoid irreparable harm, relief is needed in less time than would normally be court clerk must not refuse to accept for filing any document solely because it is not presented in proper form as required forby the district court or bankruptcy appellate panel to receive and consider a response, the word ‘‘Emergency’’ shall precedse rules or by any local rule or practice.
(b) Service of All Documents Required. Unless a rule requires service by the clerk, a party must, at or before the titlme of the motion. Tfiling of a document, serve it on the motion shall be accompanied by an affidavit setting forth the nature of the emergency. The motion shall state whether all grounds advanced in support thereof were submitted to the bankruptcy judge and, if any grounds relied on were not submitted, why the motion should not be remanded to the bankruptcy judge for reconsideration. The motion shall include the office addresses and telephone numbers of moving and opposing counsel and shall be served pursuant to Rule 8008. Prior to filing the motion, the movant shall make every practicable effort to notify opposing counsel in time forher parties to the appeal. Service on a party represented by counsel must be made on the party’s counsel.
(c) Manner of Service.
(1) Nonelectronic Service. Nonelectronic service may be by any of the following:
(A) personal delivery;
(B) mail; or
(C) third-party commercial carrier for delivery within 3 days.
(2) Service By Electronic Means. Electronic service may be made by:
(A) sending a document to a registered user by filing it with the court’s electronic-filing system; or
(B) using other electronic means that the person served consented to in writing.
(3) When Service Is Complete. Service by mail or by thirdparty commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete on filing or sending, unless the person making service receives notice that the document was not received by the person served.
(d) Proof of Service.
(1) Requirements. A document presented for filing must contain either of the following if it was served other than through the court’s electronic-filing system:
(A) an acknowledgement of service by the person served; or
(B) proof of service counsel to respond to the motion. The affidavit accompanying the motiisting of a statement by the person who made service certifying:
(i) the date and manner of service;
(ii) the names of the persons shall also state werved; and
(iii) the mail or electronic address, the fax number, or then and how opposing counsel was notified or if opposing counsel was not notified why it was not practicable to do soddress of the place of delivery-as appropriate for the manner of service-for each person served.
(2) Delayed Proof of Service. A district or BAP clerk may accept a document for filing without an acknowledgement or proof of service, but must require the acknowledgment or proof of service to be filed promptly thereafter.
(e3) Power of a Single Judge To Entertain Motions. A single judge of a bankruptcy appellate panel may grant or deny any request for relief which unFor a Brief or Appendix. When a brief or appendix is filed, the proof of service must also state the date and manner by which it was filed.
(e) Signature Always Required.
(1) Electronic Filing. Every document filed electronically must includer these rules may properly be sought by motion, except that a single judge may not dismiss or otherwise decide an appeal electronic signature of the person filing it or, if the person is represented, the counsel’s electronic signature. A filing made through a person’s electronic-filing account and authorized by that person-together with that person’s name orn a motion for leave to appeal. The action of a single judge may be reviewsignature block-constitutes the person’s signature.
(2) Paper Filing. Every document filed in paper form must be signed by the person filing it or, if the person is represented, by the panel.erson’s counsel. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)