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- SUPREME COURT OF THE UNITED STATES
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- Friday, April 29, 1994
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- ORDERED:
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- 1.That the Federal Rules of Bankruptcy
- Procedure be, and they hereby are, amended by including
- therein amendments to Bankruptcy Rules 8002 and 8006.
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- [See infra., pp. .]
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- 2.That the foregoing amendments to the Federal
- Rules of Bankruptcy Procedure shall take effect on
- August 1, 1994, and shall govern all proceedings in
- bankruptcy cases thereafter commenced and, insofar as
- just and practicable, all proceedings in bankruptcy
- cases then pending.
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- 3.That THE CHIEF JUSTICE be, and he hereby is,
- authorized to transmit to the Congress the foregoing
- amendments to the Federal Rules of Bankruptcy Procedure
- in accordance with the provisions of Section 2075 of
- Title 28, United States Code.
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- PROPOSED AMENDMENTS TO THE FEDERAL
- RULES OF BANKRUPTCY PROCEDURE
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- Rule 8002. Time for Filing
- Notice of Appeal
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- * * * * *
- (b) EFFECT OF MOTION ON TIME FOR
- APPEAL. If any party makes a timely
- motion of a type specified immediately
- below, the time for appeal for all
- parties runs from the entry of the order
- disposing of the last such motion
- outstanding. This provision applies to
- a timely motion:
- (1) to amend or make additional findings
- of fact under Rule 7052, whether or not
- granting the motion would alter the
- judgment;
- (2) to alter or amend the judgment under
- Rule 9023;
- (3) for a new trial under Rule 9023; or
- (4) for relief under Rule 9024 if the
- motion is filed no later than 10 days
- after the entry of judgment. A notice
- of appeal filed after announcement or
- entry of the judgment, order, or decree
- but before disposition of any of the
- above motions is ineffective to appeal
- from the judgment, order, or decree, or
- part thereof, specified in the notice of
- appeal, until the entry of the order
- disposing of the last such motion
- outstanding. Appellate review of an
- order disposing of any of the above
- motions requires the party, in
- compliance with Rule 8001, to amend a
- previously filed notice of appeal. A
- party intending to challenge an
- alteration or amendment of the judgment,
- order, or decree shall file a notice, or
- an amended notice, of appeal within the
- time prescribed by this Rule 8002
- measured from the entry of the order
- disposing of the last such motion
- outstanding. No additional fees will
- be required for filing an amended
- notice.
- * * * * *
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- Rule 8006. Record and Issues on Appeal
- Within 10 days after filing the
- notice of appeal as provided by Rule
- 8001(a), entry of an order granting
- leave to appeal, or entry of an order
- disposing of the last timely motion
- outstanding of a type specified in Rule
- 8002(b), whichever is later, the
- appellant shall file with the clerk and
- serve on the appellee a designation of
- the items to be included in the record
- on appeal and a statement of the issues
- to be presented. Within 10 days after
- the service of the appellant's statement
- the appellee may file and serve on the
- appellant a designation of additional
- items to be included in the record on
- appeal and, if the appellee has filed a
- cross appeal, the appellee as cross
- appellant shall file and serve a
- statement of the issues to be presented
- on the cross appeal and a designation of
- additional items to be included in the
- record. A cross appellee may, within 10
- days of service of the cross appellant's
- statement, file and serve on the cross
- appellant a designation of additional
- items to be included in the record. The
- record on appeal shall include the items
- so designated by the parties, the notice
- of appeal, the judgment, order, or
- decree appealed from, and any opinion,
- findings of fact, and conclusions of law
- of the court. Any party filing a
- designation of the items to be included
- in the record shall provide to the clerk
- a copy of the items designated or, if
- the party fails to provide the copy, the
- clerk shall prepare the copy at the
- party's expense. If the record
- designated by any party includes a
- transcript of any proceeding or a part
- thereof, 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. All parties shall
- take any other action necessary to
- enable the clerk to assemble and
- transmit the record.
-