Rule 8008 — Indicative Rulings

Fed. R. Bankr. P. 8008

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 8008
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 8008

Text

(a) Motion for Relief Filed When an Appeal Is Pending; Bankruptcy
Court’s Options.1 If a party files a timely motion in the bankruptcy
court for relief that the court lacks authority to grant because an
appeal has been docketed and is pending, the bankruptcy court
may:
(1) defer considering the motion;
(2) deny the motion;
(3) state that it would grant the motion if the court where
the appeal is pending remands for that purpose; or
(4) state that the motion raises a substantial issue.
(b) Notice to the Court Where the Appeal Is Pending.1 If the bank-
ruptcy court states that it would grant the motion or that the
1So in original. The heading probably should not be italicized.
1So in original. The heading probably should not be italicized.

motion raises a substantial issue, the movant must promptly no-
tify the clerk of the court where the appeal is pending.
(c) Remand After an Indicative Ruling.1 If the bankruptcy court
states that it would grant the motion or that the motion raises a
substantial issue, the district court or BAP may remand for fur-
ther proceedings but retains jurisdiction unless it expressly dis-
misses the appeal. If the district court or BAP remands but re-
tains jurisdiction, the parties must promptly notify the clerk of
that court when the bankruptcy court has decided the motion on
remand.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec.
1, 2024.)