(a) DISCLOSURE BY A NONGOVERNMENTAL CORPORATION. Any non-
governmental corporation that is a party to a district-court or
BAP proceeding or that seeks to intervene must file a statement
that:
(1) identifies any parent corporation and any publicly held
corporation that owns 10% or more of its stock; or
(2) states that there is no such corporation.
(b) DISCLOSURE ABOUT THE DEBTOR. The debtor, the trustee, or,
if neither is a party, the appellant must file a statement that:
(1) identifies each debtor not named in the caption; and
(2) for each debtor that is a corporation, discloses the infor-
mation required by (a).
(c) TIME TO FILE; SUPPLEMENTAL FILING. A Rule 8012 statement
must:
(1) be filed with the principal brief or upon filing a motion,
response, petition, or answer in the district court or BAP,
whichever occurs first—unless a local rule requires earlier fil-
ing;
(2) be included before the table of contents in the principal
brief; and
(3) be supplemented whenever the information required by
this rule changes.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 27, 2020, eff.
Dec. 1, 2020; Apr. 2, 2024, eff. Dec. 1, 2024.)
Motions; Interventions
(a) CONTENTOFAMOTION; RESPONSE; REPLY.
(1) Request for Relief. A request for an order or other relief is
made by filing a motion with the district or BAP clerk.
(2) Content of a Motion.
(A) Grounds, Relief Sought, and Supporting Argument. A
motion must state with particularity the grounds for the
motion, the relief sought, and the legal argument support-
ing it.
(B) Motion to Expedite an Appeal. A motion to expedite an
appeal must explain what justifies considering the appeal
ahead of other matters. The motion may be filed as an
emergency motion under (d). If it is granted, the district
court or BAP may accelerate the time to:
(i) send the record;
(ii) file briefs and other documents;
(iii) conduct oral argument; and
(iv) resolve the appeal.
(C) Accompanying Documents.
(i) Supporting Document. Any affidavit or other doc-
ument necessary to support a motion must be served
and filed with the motion.
(ii) Content of Affidavit. An affidavit must contain
only factual information, not legal argument.
(iii) Motion Seeking Substantive Relief. A motion
seeking substantive relief must include a copy of the
bankruptcy court’s judgment, order, or decree, and any
accompanying opinion as a separate exhibit.
(D) Documents Barred or Not Required.
(i) No Separate Brief. A separate brief supporting or
responding to a motion must not be filed.
(ii) Notice and Proposed Order Not Required. Unless
the court orders otherwise, a notice of motion or a pro-
posed order is not required.
(3) Response and Reply; Time to File. Unless the district court
or BAP orders otherwise:
(A) any party to the appeal may—within 7 days after the
motion is served—file a response to the motion; and
(B) the movant may—within 7 days after the response is
served—file a reply that addresses only matters raised in
the response.
(b) DISPOSITION OF A MOTION FOR A PROCEDURAL ORDER. The dis-
trict court or BAP may rule on a motion for a procedural order—
including a motion under Rule 9006(b) or (c)—at any time, without
awaiting a response. A party adversely affected by the ruling may
move to reconsider, vacate, or modify it within 7 days after the
order is served.
(c) ORAL ARGUMENT. A motion will be decided without oral argu-
ment unless the district court or BAP orders otherwise.
(d) EMERGENCYMOTION.
(1) Noting the Emergency. A movant who requests expedited
action—because irreparable harm would occur during the time
needed to consider a response—must insert ‘‘Emergency’’ be-
fore the motion’s title.
(2) Content. An emergency motion must:
(A) be accompanied by an affidavit setting forth the na-
ture of the emergency;
(B) state whether all grounds for it were previously sub-
mitted to the bankruptcy court and, if not, why the mo-
tion should not be remanded;
(C) include:
(i) the email address, office address, and telephone
number of the moving counsel; and
(ii) when known, the same information as in (i) for
opposing counsel and any unrepresented party to the
appeal; and
(D) be served as Rule 8011 prescribes.
(3) Notifying Opposing Parties. Before filing an emergency mo-
tion, the movant must make every practicable effort to notify
opposing counsel and any unrepresented party in time for
them to respond. The affidavit accompanying the motion must
state:
(A) when and how notice was given; or
(B) why giving it was impracticable.
(e) MOTIONCONSIDEREDBYASINGLEBAP JUDGE.
(1) Judge’s Authority. A BAP judge may act alone on any mo-
tion but may not:
(A) dismiss or otherwise determine an appeal;
(B) deny a motion for leave to appeal; or
(C) deny a motion for a stay pending appeal if denial
would make the appeal moot.
(2) Reviewing a Single Judge’s Action. The BAP, on its own or
on a party’s motion, may review a single judge’s action.
(f) FORMOFDOCUMENTS; LENGTHLIMITS; NUMBEROFCOPIES.
(1) Document Filed in Paper Form. Fed. R. App. P.
27(d)(1) ap-
plies to a motion, response, or reply filed in paper form in the
district court or BAP.
(2) Document Filed Electronically. A motion, response, or reply
filed electronically must comply with the requirements in (1)
for covers, line spacing, margins, typeface, and type style. It
must also comply with the length limits in (3).
(3) Length Limits. Except by the district court’s or BAP’s per-
mission, and excluding the accompanying documents author-
ized by (a)(2)(C):
(A) a motion or a response to a motion produced using
a computer must include a certificate under Rule 8015(h)
and not exceed 5,200 words;
(B) a handwritten or typewritten motion or a response to
a motion must not exceed 20 pages;
(C) a reply produced using a computer must include a
certificate under Rule 8015(h) and not exceed 2,600 words;
and
(D) a handwritten or typewritten reply must not exceed
10 pages.
(4) Providing Paper Copies. Paper copies must be provided
only if required by a local rule or by an order in a particular
case.
(g) MOTIONFORLEAVETOINTERVENE.
(1) Time to File. Unless a statute provides otherwise, an en-
tity seeking to intervene in an appeal in the district court or
BAP must move for leave to intervene and serve a copy of the
motion on all parties to the appeal. The motion—or other no-
tice of intervention authorized by statute—must be filed with-
in 30 days after the appeal is docketed.
(2) Content. The motion must concisely state:
(A) the movant’s interest;
(B) the grounds for intervention;
(C) whether intervention was sought in the bankruptcy
court;
(D) why intervention is being sought at this stage of the
proceedings; and
(E) why participating as an amicus curiae—rather than
intervening—would not be adequate.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff.
Dec. 1, 2018; Apr. 27, 2020, eff. Dec. 1, 2020; Apr. 2, 2024, eff. Dec. 1,
2024.)