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8.1. Notice of Bankruptcy
Any party may file a notice that a party is in
bankruptcy. The notice must contain:
(a) the bankrupt party’s name;
(b) the court in which the bankruptcy proceeding
is pending;
(c) the bankruptcy proceeding’s style and case
number; and
(d) the date when the bankruptcy petition was
filed.
8.2. Effect of Bankruptcy
A bankruptcy suspends the appeal and all periods
in these rules from the date when the bankruptcy
petition is filed until the appellate court reinstates or
severs the appeal in accordance with federal law. A
period that began to run and had not expired at the time
the proceeding was suspended begins anew when the
proceeding is reinstated or severed under 8.3. A
document filed by a party while the proceeding is
suspended will be deemed filed on the same day, but
after, the court reinstates or severs the appeal and will
not be considered ineffective because it was filed
while the proceeding was suspended.
8.3. Motion to Reinstate or Sever Appeal
Suspended by Bankruptcy
(a) Motion to Reinstate. If a case has been
suspended by a bankruptcy filing, a party
may move that the appellate court reinstate
the appeal if permitted by federal law or the
bankruptcy court. If the bankruptcy court has
lifted or terminated the stay, a certified copy
of the order must be attached to the motion.
(b) Motion to Sever. A party may move to sever
the appeal with respect to the bankrupt party
and to reinstate the appeal with respect to the
other parties. The motion must show that the
case is severable and must comply with
applicable federal law regarding severance of
a bankrupt party. The court may proceed
under this paragraph on its own initiative.