Rule 61-16. Notice of Bankruptcy Filing, Order of Bankruptcy Court Granting Relief from Automatic Stay and Disposition of Bankruptcy Case

(a) If a party to an appeal files a bankruptcy petition or is a debtor named in an involuntary bankruptcy petition, that party shall immediately file a notice with the appellate clerk, including any supporting documentation from the Bankruptcy Court file, setting forth the date the bankruptcy petition was filed, the Bankruptcy Court in which the petition was filed, the name of the bankruptcy debtor, the docket number of the bankruptcy case and how the automatic bankruptcy stay applies to the case on appeal. Any appearing party seeking to challenge the application of the automatic bankruptcy stay shall immediately file a notice with the appellate clerk, including any supporting documentation from the Bankruptcy Court file.

(b) If the Bankruptcy Court grants relief from the automatic bankruptcy stay, in rem relief regarding the property or any other pertinent relief, the party obtaining such relief shall immediately file a notice with the appellate clerk indicating such relief.

(c) Upon resolution of the bankruptcy case, the party who filed the bankruptcy petition or who was the debtor named in an involuntary bankruptcy petition shall immediately file a notice with the appellate clerk, including any supporting documentation from the Bankruptcy Court file, indicating that the case has been resolved in the Bankruptcy Court. Failure to comply with the notice requirement of this rule may result in the dismissal of the appeal or the imposition of sanctions pursuant to Section 85-1. Any other appearing party may also file a notice with the appellate clerk, including any supporting documentation from the Bankruptcy Court file, indicating that the case has been resolved in the Bankruptcy Court.

(d) Until resolution of the bankruptcy case or relief from the automatic bankruptcy stay, the appellant and the debtor shall file a notice of the status of the bankruptcy case with the appellate clerk every six months, unless otherwise ordered by the court. Failure to comply with the notice requirement of this rule may result in the imposition of sanctions pursuant to Section 85-2 upon the resolution of the bankruptcy case or relief from the bankruptcy stay. CHAPTER 62 CHIEF JUDGE, APPELLATE CLERK AND DOCKET: GENERAL ADMINISTRATIVE MATTERS

Committee Notes

(Amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended July 23, 2020, to take effect Jan. 1, 2021.) amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended