Notice of Amendment to LR 77.4(d) & Comment Period

Pursuant to L.R. 1.2(b), the United States District Court for the District of New Hampshire gives notice that it has amended L.R. 77.4(d) regarding bankruptcy appeals, effective December 1, 2014.  The amended rule is set forth below. The amendment is necessary to conform with amendments to the Federal Rules of Bankruptcy Procedure, which take effect December 1, 2014. 

Given the impending effective date of the amendments to the Federal Rules of Bankruptcy Procedure, the amendment to L.R. 77.4(d) was necessary in advance of a public comment period.  Pursuant to L.R. 1.2(b), the court hereby gives notice of the local rule amendment and seeks public comment on the same. All comments, including suggestions or other correspondence, should be made before December 21, 2014, and directed to Pamela E. Phelan, Chief Deputy Clerk at or U.S. District Court, Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Room 110, Concord, NH  03301-3941.


77.4 (d)  Appeals.

                (1)  Bankruptcy Court Authorization. The bankruptcy court is authorized and directed under B.R. 8002(d) and 9006(b) to hear motions to extend the time for filing a notice of appeal.

                (2)  Notice of Docketing of Record and Briefing Schedule. Upon receiving the record or notice of its availability electronically, the clerk's office shall issue a notice confirming receipt of record. Parties shall file briefs in accordance with the deadlines established in B.R. 8018.  Unless leave is granted to extend the deadlines, the case is submitted to the assigned judge after the time for filing a reply brief has expired.

                (3)  Failure to Comply with Briefing Deadlines. If the appellant's brief is not received within the time specified by B.R. 8018, the court may impose an appropriate sanction, which may include dismissal of the appeal for lack of prosecution.

                (4)  Judgment. Upon receipt of the court's opinion, the clerk shall enter judgment in accordance with B.R. 8024(a) and provide notice of the judgment in accordance with B.R. 8024(b).