Rule 8026 Federal Rules of Bankruptcy Procedure
Rule 8026 of the Federal Rules of Bankruptcy Procedure is about Making and Amending Local Rules; Procedure When There Is No Controlling Law. It is under Part VIII (Appeals to District Court or Bankruptcy Appellate Panel) of the Rules.
(a) Local Rules.
(1) Making and Amending Local Rules.
(A) BAP Local Rules. A circuit council that has authorized a BAP under 28 U.S.C. § 158(b) may make and amend local rules governing the practice and procedure on appeal to the BAP from a bankruptcy court’s judgment, order, or decree.
(B) District-Court Local Rules. A district court may make and amend local rules governing the practice and procedure on appeal to the district court from a bankruptcy court’s judgment, order, or decree.
(C) Procedure. Fed. R. Civ. P. 83 governs the procedure for making and amending local rules. A local rule must be consistent with—but not duplicate—an Act of Congress and these Part VIII rules.
(2) Numbering. Local rules must conform to any uniform numbering system prescribed by the Judicial Conference of the United States.
(3) Limitation on Enforcing a Local Rule Relating to Form. A local rule imposing a requirement of form must not be enforced in a way that causes a party to lose any right because of a nonwillful failure to comply.
(b) Procedure When There Is No Controlling Law. A judge may regulate practice in any manner consistent with federal law, these rules, the Official Forms, and the district’s local rules. For any requirement set out elsewhere, a sanction or other disadvantage may be imposed for noncompliance only if the alleged violator was given actual notice of the requirement in the particular case.
