United States Bankruptcy Court

for the District of Colorado


Local Bankruptcy Rule 807

Appeal Transcripts

(a) Order and Preparation of Transcript: Fed.R.B.P. 8007(a) governs the ordering and preparation of transcripts on appeal. Parties to an appeal are cautioned that the court will not permit delay of transmission of the record on appeal for failure by the parties to make satisfactory arrangements for payment or failure to make the payment itself. Fed.R.B.P. 8006 requires that if the record designated by any party includes a transcript, the party shall, immediately after filing the designation, deliver to the reporter and file with the clerk a written request for the transcript and make satisfactory arrangements for payment of its cost.

(b) Completion and Transmission of the Record:

(1) Contents: Fed.R.B.P. 8007(b) governs the completion and transmission of the record on appeal to the office of the Clerk of the District Court by the Clerk of the Bankruptcy Court. Such record shall include only copies of pleadings and other documents contained in the file and defined in L.B.R. 806(b), and shall be assembled as follows:

(A) Volume I: Pleadings

(B) Volume II: Transcript (if designated)

(C) Volume III: Exhibits (if designated)

(2) Copies: Two complete copies of Volume I shall be prepared, one of which shall be stamped with the inscription "Judge's Copy."

(c) Preliminary Hearings:

(1) Before the record is transmitted, a party may move in the district court pursuant to Fed.R.B.P. 8007(c) for dismissal, for additional security for the bond on appeal or on a supersedeas bond, or for any intermediate order. Such motion shall be filed with the Clerk of the District Court. Copies shall be served upon the opposing party and the Clerk of the Bankruptcy Court.

(2) Contemporaneously with serving a copy of the motion upon the Clerk of the Bankruptcy Court, the movant shall file a designation and one copy of each item of the original record which are deemed necessary for a determination of the motion. A copy of the designation shall be served on the opposing party. If the opposing party desires to designate and include additional items of the original record, he or she shall do so contemporaneously with the filing of his or her response to the motion. Upon receipt of the copies of the items so designated, the Clerk of the Bankruptcy Court shall assemble and transmit the preliminary record to the Clerk of the District Court.

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