Rule 8010 — Transcribing the Proceedings; Filing the Transcript; Sending the Record

Fed. R. Bankr. P. 8010

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 8010
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 8010

Text

(a) REPORTER’SDUTIES.
(1) Proceedings Recorded Without a Court Reporter Present. If
proceedings are recorded without a reporter present, the per-
son 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 pre-
pare 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 re-
ceived and when the reporter expects to have the tran-
script 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 ex-
tension 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’SDUTIES.
(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 ap-
peal is pending orders that paper copies of the record be pro-
vided, 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.

(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) WHEN A PRELIMINARY MOTION IS FILED IN THE DISTRICT
COURT, BAP, ORCOURTOFAPPEALS.
(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 ob-
tain 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 no-
tice 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.)