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APPEALS
Appeals are governed by the 8000 series of the Fed. R. Bankr. P. and the U.S. District Court for the Northern District of Texas’ Local Rules. All appeals must be directed to the U.S. District Court for the Northern District of Texas. Failure to comply with the requirements set forth in the Order and Notice of Guidelines Regarding Appeals to the District Court, as outlined below, may result in the dismissal of the appeal or other action as determined by the U.S. district court judge subsequently assigned to the appeal.

Appeal of Multiple Judgments, Orders or Decrees

Each appealed judgment, order or decree of a bankruptcy judge requires a separate Notice of Appeal, separate filing fee and separate record. Appeal of related judgments, orders or decrees from the same case may be consolidated after transmission to the U.S. District Court.

Designation of the Record

Rule 8006 of the Bankruptcy Rules provides that within ten days after filing the Notice of Appeal or entry of an Order Granting Leave to Appeal, the Appellant shall file with the Clerk of the Bankruptcy Court and serve on the Appellee(s): (1) a "designation" of the items, including transcripts and exhibits, to be forwarded as the Record on Appeal; and (2) a "statement of the issues." Within ten days after service of the designation and statement, the Appellee may file and serve on the Appellant a designation of additional items to be included in the record on appeal. You are further required to identify pleadings in your designation by indicating the title of the document and the document number. The document number appears immediately to the left of the entry of the pleading on the docket sheet. Transcript requests are due the same date the party’s designation is due.

Obtaining Copies of Docket Sheets

Docket sheets are available for viewing in the clerk’s office during regular business hours Monday through Friday. The clerk’s office charges a fee of $.50 per page for copies. PACER subscriber’s can print copies of docket sheets from their PC. (For more information on PACER, contact the PACER Service Center at 1-800-676-6856.)

Failure to File a Designation of Record

Failure to file a proper and timely Designation of Record will be deemed an indication that the Appellant does not wish to pursue the appeal. The Record on Appeal consisting of a copy of the docket sheet, the Notice of Appeal, order from which the appeal is taken, and any related findings of fact and conclusions of law or memorandum opinion will be transmitted to the U.S. District Court with a notice of the deficiency indicating that you failed to file a Designation of Record.

Transcript of Proceedings

For information on obtaining a transcript of proceedings, please see “General Information - Transcription and Tape Duplication” of this publication. L.B.R. 8006.2(a) provides that: “A party who has designated a transcript of any proceeding or part thereof shall provide the clerk a copy of the transcript within

(5) five days of the date the reporter files the transcript in accordance with Fed. R. Bankr. P. 8007(a).” The transcript, like all other designated documents, must be assembled in the record in the order in which they are listed on the Designation/Cross-Designation.

Completion and Assembly of the Record on Appeal

Although the primary responsibility to transmit the Record on Appeal rests with the Clerk of the U.S. Bankruptcy Court, the amendment to Rule 8006, as of August 1, 1991, provides that: “Any party filing a designation of the items to be included in the record shall provide to the clerk a copy of the items designated” and “All parties shall take any other action necessary to enable the clerk to assemble and transmit the record.” You may provide copies of all designated items, including exhibits from your own file.

In the Dallas Division, you may obtain copies from the court's contracted copy service at 214-752-2212. Arrangements for obtaining copies can be made by completing a Bankruptcy Court Copy Request form and delivering the completed form to the copy service. The form must be submitted to the copy service within five days of receipt of the Order and Notice of Guidelines Regarding Appeals to the U.S. District Court.

Also, pursuant to Fed. R. Bankr. P. 8006, all copies of designated documents must be two-hole punched at the top, assembled in the order in which they are listed on the Designation/Cross-Designation and fastened into durable, binders with labels. Each binder should contain a maximum of 250 pages, including index pages.

If a party fails to provide copies within the twenty (20) day deadline of filing the designation of record, the party will receive a deficiency notice to provide the copies immediately. L.B.R. 8006.3 provides for the clerk to prepare the copies at the party’s expense upon the party’s failure to do so. However, the bankruptcy court does not provide paralegal services. A party is still responsible for submitting the record in the manner set forth in L.B.R 8006.2 upon receipt of prepaid copies. L.B.R 8006.3 is not an automatic extension of time for a party to submit copies of its designated record. A party should file a motion to extend time with an uploaded order if more time is needed to provide the copies.

Transmittal of the Record to the District Court

When the record has been assembled (including transcripts and exhibits) and after the expiration of applicable time limits, the Clerk of the U.S. Bankruptcy Court shall transmit the record to the Clerk of the U.S. District Court. Upon receipt of a complete record, the Clerk of the U.S. District Court will enter the appeal on the docket and shall provide written notice to the parties of the day on which the appeal was docketed. Your obligation under Rule 8009 to file appellant briefs begins on the date of entry of the appeal on the district court docket. Deficient designations will be presented to the presiding U.S. district judge for a determination on dismissing the appeal.

Interlocutory Appeals

Pursuant to Fed. R. Bankr. P. 8003, the Notice of Appeal from an interlocutory order of the U.S. Bankruptcy Court must be accompanied by a "Motion For Leave To Appeal" under 28 USC § 1334(b) or § 1482(b). Within ten days after service of the Motion, an adverse party may file with the Clerk of the U.S. Bankruptcy Court an Answer in Opposition. Once the ten-day period for submission of an Answer has expired, the Notice of Appeal, the Motion for Leave to Appeal and any answer in opposition will be transmitted by the Clerk of the U.S. Bankruptcy Court to the Clerk of the U.S. District Court for assignment to a U.S. district court judge.