New 6-1-2006 Appendix II

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

LR Gen 109 BANKRUPTCY

(e) Appeals to Bankruptcy Appellate Panel. In accordance with 28 U.S.C.§158(b)(6),when all parties consent, appeals from any judgment, order or decree of a bankruptcy judge which are referred to in 28 U.S.C. § 158(a) may be heard and
determined by the Bankruptcy Appellate Panel for the First Circuit.

(f) Appeals to District Court. Except as otherwise provided in this subsection (f) or elsewhere in these rules, or unless otherwise ordered by the District Court, appeals or motions for leave to appeal to the District Court from any judgment, order or decree of a bankruptcy judge shall be governed by the applicable provisions of Rules 8001 - 8020 of the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”), and any and all Interim Bankruptcy Rules (“Interim Rules”) which became effective on or after October 17, 2005.

(1) Notice of Appeal. When a notice of appeal is filed with the bankruptcy clerk,
the bankruptcy clerk shall, forthwith, transmit a copy of the notice of appeal to
the District Court clerk, together with a copy of the judgment, order or decree
that is the subject of the appeal and the Appeal Cover Sheet. The District Court
clerk, thereupon, shall treat the matter administratively as a newly filed case,
but in accordance with Interim Rule 8001(f)(2), the matter shall not be deemed
“pending” in this Court until the record has been transmitted and docketed.

(2) Motion for Leave to Appeal. When a motion for leave to appeal is filed with
the bankruptcy clerk, the bankruptcy clerk shall, forthwith, transmit a copy of
the motion to the District Court clerk, together with copies of the notice of
appeal, the judgment, order or decree that is the subject of the proposed appeal,
and any memorandum of counsel submitted in support of or in opposition to the
motion. The District Court clerk, thereupon, shall treat the matter
administratively as a newly filed case, but in accordance with Interim Rule
8001(f)(2), the matter shall not be deemed “pending” in this Court until leave to
appeal has been granted.

(3) Requests for Certification. Any request by a party for the certification of an
appeal directly to the Court of Appeals filed in the District Court pursuant to 28
U.S.C. 158(d)(2) and Interim Rule 8001(f) shall be in the form of a motion
complying with LR Cv 7.

(4) Extensions of Time by a Bankruptcy Judge. Extensions of time for filing
notices of appeal may be granted by the bankruptcy judge in accordance with
Bankruptcy Rule 8002(c). Extensions of time for filing motions for leave to
appeal and designations of the record or issues on appeal may be granted by the
bankruptcy judge for a period not to exceed thirty (30) days.

(5) Dismissal of Appeals by Bankruptcy Judge. A bankruptcy judge may
dismiss an appeal if

(A) the notice of appeal is not filed within the time specified in Bankruptcy
Rule 8002;

(B) the appellant has failed to file a designation of the record or a statement
of the issues within the time specified in Rule 8006 or any extension
thereof; or

(C) the appellant has failed to comply with paragraph (6)(C) of this
subsection.

(6) Record on Appeal. In addition to any other applicable requirements, an
appellant, including a party whose motion for leave to appeal has been granted,
shall ensure that the record transmitted by the bankruptcy clerk to the District
Court clerk includes:

(A) the judgment, order or decree of the bankruptcy judge that is the subject
of the appeal;

(B) any written decision(s) and a transcript of any oral decision(s) by the
bankruptcy judge stating the reasons for the judgment(s), order(s) and/or
decree(s) referred to in subparagraph (A);

(C) the record on appeal, as to which the appellant shall be responsible for
seeing that each document is tabbed and arranged in reverse
chronological order so that the documents appear in the same order as
shown on the docket sheet;

(D) a statement of the issues on appeal; and,

(E) a certified copy of the docket sheet.

(7) Form of and Schedule for Filing Briefs. Unless otherwise ordered by the
District Court or provided in these rules, the form and schedule for filing
appellate briefs and memoranda shall be governed by Bankruptcy Rule 8009,
except that:

(A) all briefs, memoranda and appendices thereto shall conform to the
applicable requirements of LR Cv 7; and

(B) two (2) copies of any brief or memorandum shall be provided to the
district judge to whom the appeal or motion for leave to appeal is
assigned.

(g) Stays Pending Appeal to the District Court. When a motion is made in the District
Court to stay a judgment, order or decree of a bankruptcy judge or for any other relief
pending appeal, the movant shall file the following with its motion:

(1) a copy of the judgment, order or decree that the movant seeks to have stayed;

(2) a copy of the bankruptcy judge’s order denying the movant’s motion to stay;

(3) any written decision(s) and/or transcript(s) of any oral decision(s) of the
bankruptcy judge stating the reasons for the orders referred to in paragraphs (1)
and (2) of this subsection; and

(4) a memorandum of law setting forth the reasons why a stay should be granted
and the legal authorities supporting the motion for a stay.

Such motion and any related objection(s) and replies shall be governed by the
applicable provisions of LR Cv 7.