11 USC Rule 8024 Clerk's Duties on Disposition of the Appeal | United States Code | US Law

11 USC Rule 8024

Clerk's Duties on Disposition of the Appeal

July 4, 2020

USC

(a) Judgment on Appeal. The district or BAP clerk must prepare, sign, and enter the judgment after receiving the court's opinion or, if there is no opinion, as the court instructs. Noting the judgment on the docket constitutes entry of judgment.

(b) Notice of a Judgment. Immediately upon the entry of a judgment, the district or BAP clerk must:

(1) transmit a notice of the entry to each party to the appeal, to the United States trustee, and to the bankruptcy clerk, together with a copy of any opinion; and

(2) note the date of the transmission on the docket.

(c) Returning Physical Items. If any physical items were transmitted as the record on appeal, they must be returned to the bankruptcy clerk on disposition of the appeal.

Committee Notes on Rules—2014

This rule is derived from former Rule 8016, which was adapted from F.R.App.P. 36 and 45(c) and (d). The rule is reworded to reflect that only items in the record that are physically, as opposed to electronically, transmitted to the district court or BAP need to be returned to the bankruptcy clerk. Other changes to the former rule are stylistic.

Changes Made After Publication and Comment. Stylistic changes were made to subdivision (c) and the Committee Note.

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