Federal and Local Bankruptcy Rules

FRBP Rule 8001: Scope of Part VIII Rules; Definition of “BAP”; Method of Transmission

  1. GENERAL SCOPE. These Part VIII rules govern the procedure in a United States district court and a bankruptcy appellate panel on appeal from a judgment, order, or decree of a bankruptcy court. They also govern certain procedures on appeal to a United States court of appeals under 28 U.S.C. § 158(d).
  2. DEFINITION OF “BAP.” “BAP” means a bankruptcy appellate panel established by a circuit’s judicial council and authorized to hear appeals from a bankruptcy court under 28 U.S.C. § 158.
  3. METHOD OF TRANSMITTING DOCUMENTS. A document must be sent electronically under these Part VIII rules, unless it is being sent by or to an individual who is not represented by counsel or the court’s governing rules permit or require mailing or other means of delivery.

 

L.R. 8001-1. Electronic Filing

  1. ELECTRONIC FILING BY ATTORNEYS. Attorneys filing documents with this Court must file all documents electronically using the BAP’s Electronic Case Filing (“ECF”) system.
  2. ELECTRONIC FILING BY PRO SE LITIGANTS. Individuals not represented by an attorney (“pro se” litigants) may, but are not required to, file using the ECF system.

L.R. 8001-2. Exempt Filers

  1. EXEMPTION. An attorney may seek by motion for good cause shown an exemption from mandatory electronic filing.
  2. METHOD OF FILING FOR EXEMPT FILERS. Pro se litigants, and attorneys who have received an exemption under subdivision (a), may file documents by any of the following methods:
    1. in person with the BAP clerk’s office;
    2. by mail, which includes: 
      1. first-class mail; 
      2. any other class of mail that is at least as expeditious as first-class mail; 
      3. dispatch to a third-party commercial carrier for delivery within three (3) calendar days; 
    3. by e-mail; or 
    4. by facsimile. 
  3. SIGNATURE. Exempt filers must sign all filings and proofs of service. 
  4. DEEMED FILED RULE. A document filed by e-mail or facsimile is considered filed on the date that it is received by this Court, except that a document received by facsimile or e-mail on a Saturday, Sunday, legal holiday or day that this Court is closed, is considered filed as of the next business day.