Rule 8.

1997 Rules of Appellate Procedure

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RULE 8. BANKRUPTCY IN CIVIL CASES

8.1 Notice of Bankruptcy. Any party may file a notice that a party is in bankruptcy. The notice must contain:

(a) the bankrupt party’s name;

(b) the court in which the bankruptcy proceeding is pending;

(c) the bankruptcy proceeding’s style and case number;

(d) the date when the bankruptcy petition was filed; and

(e) an authenticated copy of the page or pages of the bankruptcy petition that show when the petition was filed.

8.2 Effect of Bankruptcy. A bankruptcy suspends the appeal and all periods in these rules from the date when the bankruptcy petition is filed until the appellate court reinstates or severs the appeal in accordance with federal law. A period that began to run and had not expired at the time the proceeding was suspended begins anew when the proceeding is reinstated or severed under 8.3. A document filed by a party while the proceeding is suspended will be deemed filed on the same day, but after, the court reinstates or severs the appeal and will not be considered ineffective because it was filed while the proceeding was suspended.

8.3 Motion to Reinstate or Sever Appeal Suspended by Bankruptcy.

(a) Motion to reinstate . If a case has been suspended by a bankruptcy filing, a party may move that the appellate court reinstate the appeal if permitted by federal law or the bankruptcy court. If the bankruptcy court has lifted or terminated the stay a certified copy of the order must be attached to the motion.

(b) Motion to sever . A party may move to sever the appeal with respect to the bankrupt party and to reinstate the appeal with respect to the other parties. The motion must show that the case is severable and must comply with applicable federal law regarding severance of a bankrupt party. The court may proceed under this paragraph on its own initiative.

Notes and Comments
Comment to 1997 change: This is a new rule.

Last modified: November 08, 2001