Indicative Rulings

U.S Code last checked for updates: Apr 04, 2025

Rule 8008.

Indicative Rulings

(a)

Motion for Relief Filed When an Appeal Is Pending; Bankruptcy Court’s Options.1

 So in original. The heading probably should not be italicized.

If a party files a timely motion in the bankruptcy court for relief that the court lacks authority to grant because an appeal has been docketed and is pending, the bankruptcy court may:

(1)

defer considering the motion;

(2)

deny the motion;

(3)

state that it would grant the motion if the court where the appeal is pending remands for that purpose; or

(4)

state that the motion raises a substantial issue.

(b)

Notice to the Court Where the Appeal Is Pending.¹ If the bankruptcy court states that it would grant the motion or that the motion raises a substantial issue, the movant must promptly notify the clerk of the court where the appeal is pending.

(c)

Remand After an Indicative Ruling.¹ If the bankruptcy court states that it would grant the motion or that the motion raises a substantial issue, the district court or BAP may remand for further proceedings but retains jurisdiction unless it expressly dismisses the appeal. If the district court or BAP remands but retains jurisdiction, the parties must promptly notify the clerk of that court when the bankruptcy court has decided the motion on remand.

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec. 1, 2024.)