2012 US Code
Title 11 - Bankruptcy
Appendix (rules 1001 - 9037)
FEDERAL RULES OF BANKRUPTCY PROCEDURE (rules 1001 - 9037)
Part VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL (rules 8001 - 8020)
Rule 8020 - Damages and Costs for Frivolous Appeal
Publication Title | United States Code, 2012 Edition, Title 11 - BANKRUPTCY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 11 - BANKRUPTCY TITLE 11 - APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE PART VIII - APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL Rule 8020 - Damages and Costs for Frivolous Appeal |
Contains | rule 8020 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Apr. 11, 1997, eff. Dec. 1, 1997. |
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If a district court or bankruptcy appellate panel determines that an appeal from an order, judgment, or decree of a bankruptcy judge is frivolous, it may, after a separately filed motion or notice from the district court or bankruptcy appellate panel and reasonable opportunity to respond, award just damages and single or double costs to the appellee.
(Added Apr. 11, 1997, eff. Dec. 1, 1997.)
Notes of Advisory Committee on Rules—1997This rule is added to clarify that a district court hearing an appeal, or a bankruptcy appellate panel, has the authority to award damages and costs to an appellee if it finds that the appeal is frivolous. By conforming to the language of Rule 38 F.R.App.P., this rule recognizes that the authority to award damages and costs in connection with frivolous appeals is the same for district courts sitting as appellate courts, bankruptcy appellate panels, and courts of appeals.
GAP Report on Rule 8020. No changes to the published draft.
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