Rule 8010. Transcribing the Proceedings; Filing the Transcript; Sending the Record
(a) Reporter’s Duties.
(1)Proceedings Recorded Without a Court Reporter Present. If proceedings are recorded without a reporter present, the person 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 prepare 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 received and when the reporter expects to have the transcript 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 extension 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’s Duties.
(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 appeal is pending orders that paper copies of the record be provided, 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, or Court of Appeals.
(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 obtain 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 notice 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.)