8006-1. Record on Appeal.

The record on appeal shall include a transcript of the hearing or a summary thereof agreed upon by all parties.

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[1]8007-1. Duties of District Court Clerk Upon Receipt of Appeal.

(a) Docketing and Notice. Upon receipt of the record on appeal, other than a motion under B.L.R. 8011-1 [2], the District Court Clerk shall immediately docket the appeal and give notice to all parties to the appeal of:

(1) The date the appeal was entered on the docket;

(2) The assigned District Judge;

(3) The dates for filing briefs; and

(4) The date set for oral argument before the District Judge.

(b) Briefs. Unless otherwise ordered by the District Judge for cause shown:

(1) The appellant shall serve and file a brief within 30 days after entry of the appeal on the docket pursuant to Fed. R. Bankr. P. 8007.

(2) The appellee shall serve and file a brief within 20 days after service of the brief of appellant. If the appellee has filed a cross-appeal, the brief of appellee shall contain the issues and argument pertinent to the cross-appeal, denominated as such, and the response to the brief of the appellant.

(3) The appellant may serve and file a reply brief within 10 days after service of the brief of the appellee, and if the appellee has filed a cross-appeal, the appellee may file and serve a reply brief to the response of the appellant to the issues presented in the cross-appeal within 10 days after service of the reply brief of the appellant.

Cross Reference See Fed. R. Bankr. P. 8007

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8011-1. Dismissal For Failure To Perfect Appeal.

(a) Dismissal by District Court. If the appellant shall fail to perfect the appeal in the manner prescribed by Fed. R. Bankr. P. 8006, 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 was 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 Fed. R. Bankr. P. 8006. Appellant may file an opposition to the motion in accordance with Civil L. R. 7-3.

(b) Recommendation by Bankruptcy Court. If the appellant shall fail to perfect the appeal in the manner prescribed by Fed. R. Bankr. P. 8006, 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.

(c) Procedure. Upon receipt of a motion under B.L.R. 8011-1(a) [3] or a recommendation under B.L.R. 8011-1(b) [4], the Clerk of the District Court shall docket the appeal and schedule it for briefing and hearing only for the purpose of determining whether or not the appeal should be dismissed, and shall give notice thereof and of the assigned Judge to all parties and to the Bankruptcy Judge.

Cross Reference See Fed. R. Bankr. P. 8011.

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