March 05, 2015 Articles

Parsing the Overhaul of the Bankruptcy Appeals Rules

Learn why these revisions will aid the smooth flow of traffic through various courts.

By Gregory W. Werkheiser

On December 1, 2014, the first comprehensive overhaul of Part VIII of the Federal Rules of Bankruptcy Procedure (FRBP) became effective. The revisions to the Part VIII rules, the product of a multiyear review project of the Judicial Conference and Advisory Committee, function to (1) bring the Part VIII rules into closer alignment, both structurally and substantively, with the Federal Rules of Appellate Procedure, while retaining features distinct to bankruptcy appeals; (2) incorporate a presumption favoring the electronic transmission, filing, and service of court documents; and (3) adopt a clearer and simpler style. In addition, as part of this holistic review of rules governing bankruptcy appeals, Rule 6 of the Federal Rules of Appellate Procedure has been revised and updated.

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