ORDER, JUDGMENT, OR REMAND BY APPELLATE COURT –Amended December 1, 2017

           When an order or judgment of an appellate court is filed in the office of the Clerk, such order or judgment will automatically become the order or judgment of the Court and be entered on the docket of the main bankruptcy case or adversary proceeding without further order.  If the order or judgment of the appellate court remands for further proceedings, a motion for such further proceedings shall be referred to the Judge who heard the proceeding below unless the appellate court orders otherwise.

Comment

           This rule is derived from Former Local Bankruptcy Rule 8016-1 and was renumbered to conform to the 2014 amendments to Part VIII of the Bankruptcy Rules.

           In 2017, this rule was amended to better clarify the procedure to follow when an order or judgment of appellate court is filed.  No substantive change is intended.