ORAP 8.20

(1) When a matter is pending in the appellate courts and a party learns that the matter

is subject to the stay provisions of 11 USC § 362(a)(1)[fn 1] (relating to bankruptcy proceedings), the

party shall give notice of that fact to the appellate court, together with proof of service of the

notice on all other parties to the case. The court will enter an order holding the matter in

abeyance until it is shown to the court's satisfaction that the stay has been lifted or that 11 USC

§ 362(a)(1) is not applicable to the case.

(2) If a petition in bankruptcy is filed after entry of a judgment or final order but

before a notice of appeal or petition for judicial review is filed and the adverse party desires to

appeal, the notice or petition must nonetheless be filed within the time provided by statute or

rule.

(3) If an appellant believes that a pending bankruptcy proceeding involving a party to

the judgment being appealed should stay the appeal pending disposition of the bankruptcy

proceeding, the notice of appeal or petition for judicial review shall contain, in addition to all

other requirements under a statute or these rules, a statement identifying the party that has filed a

petition in bankruptcy and a request to hold the appeal in abeyance on account of the bankruptcy

proceeding.

(4) (a) Whether the petition in bankruptcy is filed after judgment or final order

but before a notice of appeal or petition for judicial review is filed, or after a notice or

petition is filed, the appellate court will not exercise jurisdiction as to the debtor party as

long as the stay under 11 USC § 362 remains in effect.

(b) If more than one creditor and debtor are parties to the case on appeal and

the presence of the debtor subject to the bankruptcy petition is necessary to resolve on

appeal the claims of the other parties, then the appellate court will not exercise

jurisdiction of the entire cause as long as the stay under 11 USC § 362 remains in effect.