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(a) Initial Motion in the Bankruptcy Court.
(1) In General. Ordinarily, a party must move first in the bankruptcy court for the following relief:
(A) a stay of the bankruptcy court’s judgment, order, or decree pending appeal;
(B) the approval of a bond or other security provided to obtain a stay of judgment;
(C) an order suspending, modifying, restoring, or granting an injunction while an appeal is pending; or
(D) an order suspending or continuing proceedings or granting other relief permitted by (e).
(2) Time to File. The motion may be filed either before or after the notice of appeal is filed.
(b) Motion in the District Court, BAP, or Court of Appeals on Direct Appeal (*).
(1) In General. A motion for the relief specified in (a)(1)—or to vacate or modify a bankruptcy court’s order granting such relief—may be filed in the court where the appeal is pending.
(2) Required Showing. The motion must:
(A) show that moving first in the bankruptcy court would be impracticable; or
(B) if a motion has already been made in the bankruptcy court, state whether the court has ruled on it, and if so, state any reasons given for the ruling.
(3) Additional Requirements. The motion must also include:
(A) the reasons for granting the relief requested and the facts relied on;
(B) affidavits or other sworn statements supporting facts subject to dispute; and
(C) relevant parts of the record.
(4) Serving Notice. The movant must give reasonable notice of the motion to all parties.
(c) Filing a Bond or Other Security as a Condition of Relief. The district court, BAP, or court of appeals may condition relief on filing a bond or other security with the bankruptcy court.
(d) Bond or Other Security for a Trustee; Not for the United States. The court may require a trustee who appeals to file a bond or other security. No bond or security is required when:
(1) the United States, its officer, or its agency appeals; or
(2) an appeal is taken by direction of any federal governmental department.
(e) Continuing Proceedings in the Bankruptcy Court. Despite Rule 7062—but subject to the authority of the district court, BAP, or court of appeals—while the appeal is pending, the bankruptcy court may:
(1) suspend or order the continuation of other proceedings in the case, or
(2) issue any appropriate order to protect the rights of all parties in interest.
(*) Rule 6(a) of the Federal Rules of Appellate Procedure has been refined to provide clearer guidance regarding post-judgment motion timing in bankruptcy cases. When a district court exercises original jurisdiction in a bankruptcy case or proceeding, practitioners must now reference the Federal Rules of Bankruptcy Procedure rather than the Federal Rules of Civil Procedure for equivalent motion deadlines. This change recognizes that bankruptcy-specific timing requirements may be shorter than their civil counterparts.
The comments to the rule now include a helpful reference chart comparing Civil and Bankruptcy Rule time frames. All post-judgment motions under the Bankruptcy Rules carry a uniform 14-day deadline, including motions for judgment as a matter of law (Rule 9015(c)), amended findings (Rule 7052), new trial (Rule 9023), attorneys’ fees (Rule 7054(b)(2)(A)), and relief from judgment (Rule 9024). This standardization simplifies practice while ensuring that practitioners do not inadvertently rely on longer civil rule deadlines.
Rule 6(c) addresses the increasingly important area of direct appeals in bankruptcy matters under 28 U.S.C. § 158(d)(2). The rule sets forth the procedures regarding petitioning for authorization of a direct appeal, including the contents of the petition and the applicability of Rule 5. It also includes clarification that parties need not file a second notice of appeal to the circuit court when seeking direct appeal authorization, with the date of the authorization order serving as the effective date of the notice of appeal.
The rule also delineates the respective duties of appellate and bankruptcy clerks, providing much-needed clarity for practitioners navigating the direct appeal process. These changes should reduce procedural confusion and expedite the direct appeals process for appropriate cases. Further details on these changes can be found at https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure.
The comments to the rule now include a helpful reference chart comparing Civil and Bankruptcy Rule time frames. All post-judgment motions under the Bankruptcy Rules carry a uniform 14-day deadline, including motions for judgment as a matter of law (Rule 9015(c)), amended findings (Rule 7052), new trial (Rule 9023), attorneys’ fees (Rule 7054(b)(2)(A)), and relief from judgment (Rule 9024). This standardization simplifies practice while ensuring that practitioners do not inadvertently rely on longer civil rule deadlines.
Rule 6(c) addresses the increasingly important area of direct appeals in bankruptcy matters under 28 U.S.C. § 158(d)(2). The rule sets forth the procedures regarding petitioning for authorization of a direct appeal, including the contents of the petition and the applicability of Rule 5. It also includes clarification that parties need not file a second notice of appeal to the circuit court when seeking direct appeal authorization, with the date of the authorization order serving as the effective date of the notice of appeal.
The rule also delineates the respective duties of appellate and bankruptcy clerks, providing much-needed clarity for practitioners navigating the direct appeal process. These changes should reduce procedural confusion and expedite the direct appeals process for appropriate cases. Further details on these changes can be found at https://www.uscourts.gov/forms-rules/current-rules-practice-procedure/federal-rules-appellate-procedure.
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