Local Rule RULE 8009-1: DESIGNATION OF RECORD, STATEMENT OF ISSUES AND TRANSCRIPT

RULE 8009-1. DESIGNATION OF RECORD, STATEMENT OF ISSUES AND TRANSCRIPT A.Designation of Record and Statement of the Issues to be presented if an election is made under Bankruptcy Rule 8005. The record for appeal shall be designated and prepared in accordance with Bankruptcy Rule 8009 within fourteen (14) days after filing the notice of appeal or cross appeal. Within fourteen (14) days after the service of the appellant's statement of issues, the appellee may file a designation of additional items to be included in the record on appeal. Additionally, the designation of record shall state the date of filing of each item designated and the document number for the designated item.

B.Exhibits must be on file or filed with the Clerk and designated with a docket entry number in the Designation of Record. Any portion of an exhibit or pleading being designated must be filed in order to be designated.

C.The clerk shall notify the Bankruptcy Judge if any party fails to take action necessary to enable the clerk to assemble and transmit the record.

D.Within fourteen (14) days after filing the notice of appeal, appellant must order from the Court Recorder Deputy, on this Court's Local Form 8007-1(A) for Transcript Orders, the portions of the transcript that will be needed on appeal that are not already on file. Fed.R.App.P.10(b). If no transcript is needed, appellant must file a written statement to that effect with the Clerk of the Bankruptcy Court, which may be included in the Designation of Record. When appellant orders less than the entire transcript, appellant must file and serve on the appellee a description of the parts of the transcript that have been ordered and a statement of the issues that he or she intends to present on appeal. Appellee has twenty-one (21) days after service to file and counter-designate additional portions of the transcript and place an appropriate transcript order with the Court Recorder Deputy. All transcript orders must have sufficient payment provided in advance to the transcriber.

E.The reporter's endorsed request for a transcript extension of time pursuant to Bankruptcy Rule 8007(a) shall be filed with the Clerk.

F.If any party to an appeal from an order of the Bankruptcy Court to the District Court fails to timely designate the items to be included in the record on appeal, fails to make satisfactory arrangements for the production of a transcript or for the filing of the exhibits or of designated items for the Clerk, or otherwise fails to take action necessary to enable the Clerk to assemble and transmit the record, then:

1.Any other party to the appeal may file in the Bankruptcy Court a motion to dismiss the appeal, in which event the following procedure shall be followed:

a)Movant shall, within fourteen (14) days after filing the motion to dismiss the appeal, file with the Clerk and serve on other parties to the appeal a designation of record for purposes of hearing the motion to dismiss, pursuant to Bankruptcy Rule 8007(c);

b)Other parties to the appeal shall, within fourteen (14) days after service of the movant's designation under subsection (a) above, file and serve a designation of additional items to be included in the record for purposes of hearing the motion to dismiss, pursuant to Bankruptcy Rule 8007(c);

c)The parties shall make arrangements for delivery of or ordering copies, transcripts, and the like as prescribed in Bankruptcy Rules 8006 and 8007(a); and d)When the record is complete for purposes of the motion to dismiss the appeal, the Clerk shall transmit a copy thereof forthwith to the Clerk of the District Court.

2.The Bankruptcy Court may, on its own motion or on request of any party to the appeal, direct the Clerk to transmit the record in its then-existing, incomplete form, together with a certification of the reasons why such record is incomplete, to the Clerk of the District Court.