Local Rule LBR 8007-2: APPEAL TO THE DISTRICT COURT FROM THE BANKRUPTCY COURT

LBR 8007-2 APPEAL TO THE DISTRICT COURT FROM THE BANKRUPTCY COURT A. Appeals to the United States District Court from the United States Bankruptcy Court for the Western District of Pennsylvania pursuant to 28 U.S.C. § 158, shall be taken in the manner prescribed in Part VIII of the Federal Rules of Bankruptcy Procedure (hereinafter Fed. R. Bankr. P.), Rule 8001, et seq.

B. Where, after a notice of appeal to the United States District Court has been filed in the Bankruptcy Court, the appellant fails to designate the contents of the record on appeal or fails to file a statement of issues on appeal within the time required by Fed. R. Bankr. P. 8006, or fails to provide, when appropriate, evidence that a transcript has been ordered and that payment therefor has been arranged, or fails to take any other action to enable the bankruptcy clerk to assemble and transmit the record:

1. the bankruptcy clerk shall provide fourteen (14) days notice to the appellant and appellee of an intention to transmit a partial record consistent with Subsection B.2. of this rule;

2. after the 14 day notice period required by subsection B.1. of this rule has expired, the clerk of the bankruptcy court shall thereafter promptly forward to the clerk of the United States District Court a partial record consisting of a copy of the order or judgment appealed from, any opinion, findings of fact, and conclusions of law by the court, the notice of appeal, a copy of the docket entries, any documents filed as part of the appeal, and any copies of the record which have been designated by the parties pursuant to Fed. R. Bankr. P. 8006; the record as transmitted shall be deemed to be the complete record for purposes of the appeal; and 3. the district court may dismiss said appeal for failure to comply with Fed. R. Bankr. P. 8006 upon its own motion, or upon motion filed in the district court by any party in interest or the United States trustee.

C. Notwithstanding any counter designation of the record or statement of issues filed by the appellee, if the appellee fails to provide, where appropriate, evidence that a transcript has been ordered and that payment therefore has been arranged, or the appellee fails to take any other action to enable the bankruptcy clerk to assemble and transmit the record pursuant to Fed. R. Bankr. P. 8006, the bankruptcy clerk shall transmit the copies of the record designated by the parties and this shall be deemed to be the complete record on appeal.