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Fed. R. Bankr. P. 8010

Transcribing the Proceedings; Filing the Transcript; Sending the Record

activein force · 2024-12-01 – presentact-effective-date

(a) REPORTER’S DUTIES.

(1) Proceedings Recorded Without a Court Reporter Present. If

proceedings are recorded without a reporter present, the person or service selected under bankruptcy court procedures to

transcribe the recording is the reporter for purposes of this

rule.

(2) Preparing and Filing the Transcript. The reporter must prepare and file a transcript as follows:

(A) Initial Steps. Upon receiving a transcript order under

Rule 8009(b), the reporter must file in the bankruptcy

court an acknowledgment showing when the order was received and when the reporter expects to have the transcript completed.

(B) Filing the Transcript. After completing the transcript,

the reporter must file it with the bankruptcy clerk, who

will notify the district, BAP, or circuit clerk of its filing.

(C) Extending the Time to Complete a Transcript. If the

transcript cannot be completed within 30 days after the

order has been received, the reporter must request an extension from the bankruptcy clerk. The clerk must enter

on the docket and notify the parties whether the extension

is granted.

(D) Failure to File on Time. If the reporter fails to file the

transcript on time, the bankruptcy clerk must notify the

bankruptcy judge.

(b) CLERK’S DUTIES.

(1) Sending the Record. Subject to Rule 8009(f) and (5) below,

when the record is complete, the bankruptcy clerk must send

to the clerk of the court where the appeal is pending either

the record or a notice that it is available electronically.

(2) Multiple Appeals. If there are multiple appeals from a

judgment, order, or decree, the bankruptcy clerk must send a

single record.

(3) Docketing the Record in the Appellate Court. Upon receiving

the record—or a notice that it is available electronically—the

district, BAP, or circuit clerk must enter that information on

the docket and promptly notify all parties to the appeal.

(4) If the Court Orders Paper Copies. If the court where the appeal is pending orders that paper copies of the record be provided, the clerk of that court must so notify the appellant. If

the appellant fails to provide them, the bankruptcy clerk

must prepare them at the appellant’s expense.

108 Rule 8011 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(5) Motion for Leave to Appeal. Subject to (c), if a motion for

leave to appeal is filed under Rule 8004, the bankruptcy clerk

must prepare and send the record only after the motion is

granted.

(c) W HEN A PRELIMINARY MOTION IS FILED IN THE DISTRICT

COURT, BAP, OR COURT OF APPEALS.

(1) In General. This subdivision (c) applies if, before the

record is sent, a party moves in the district court, BAP, or

court of appeals for:

(A) leave to appeal;

(B) dismissal;

(C) a stay pending appeal;

(D) approval of a bond or other security provided to obtain a stay of judgment; or

(E) any other intermediate order.

(2) Sending the Record. The bankruptcy clerk must send to

the clerk of the court where the relief is sought any parts of

the record designated by a party to the appeal—or send a notice that they are available electronically.

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff.

Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
7bbee1031d3b240a3cc4e062c6512ae7836f7742d28ec4c720a5f69d82c7de55
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