(5) Additionally, except for funds held for the benefit of the United States in which no fee is charged, all orders for deposit or other investment of registry funds shall contain the following language: “THE CLERK OF THE COURT IS DIRECTED TO DEDUCT FROM INCOME EARNED ON THE INVESTMENT A FEE NOT EXCEEDING THAT AUTHORIZED BY THE JUDICIAL CONFERENCE OF THE UNITED STATES AND SET BY THE DIRECTOR OF THE ADMINISTRATIVE OFFICE.” (6) It is solely the responsibility of the moving party to identify any terms and/or conditions of any registry deposit in accordance to subsections (a)(1) of this rule. Failure of the party or parties to so identify minimum requirements designated by subsections (a)(1) shall release the clerk from any liability for reporting and/or tax treatment of interest on such funds pursuant to Section 468B of the Internal Revenue Code (title 26, U.S.C.). (b) Certificate of cash deposit. The clerk may refuse for deposit cash tendered without the Certificate of Cash Deposit required by these rules. In the event that cash is tendered to the clerk for deposit into the Registry Account of this court, it shall be accompanied by an order of the court directing deposit pursuant to subsection (a) of this rule and written statement entitled “Certificate of Cash Deposit” which shall be signed by counsel or party appearing in pro se and shall contain the following information: (1) The amount of cash tendered for deposit; (2) The party on whose behalf the tender is being made; (3) The nature of the tender, e.g., interpleader funds deposit, cash bond in lieu of corporate surety in support of Temporary Restraining Order, etc.; (4) Whether the cash is being tendered pursuant to statute, rule or court order; (5) The conditions of the deposit signed and acknowledged by the depositor, e.g., deposit into the Court Registry Investment System (CRIS) or a financial institution designated in 31 CFR 202, and if into a financial institution designated in 31 CFR 202: (A) The type of account or instrument, any terms of investment; (B) The bank or financial institution where the funds are to be deposited or invested; and (C) The amount of insurance and the federal agency insuring the account or instrument, together with a statement as to other accounts held by said party or parties at the named bank or financial institution. (6) Identification, if any, of any registry deposit intended to be a designated or qualified settlement fund and the identity of the fund’s administrator; and (7) A signature block whereon the clerk can acknowledge receipt of the cash tendered. The signature block shall not be set forth on a separate page, but shall appear approximately one inch (1?) below the last typewritten matter on the left-hand side of the Certificate of Cash Deposit and shall read as follows: “RECEIPT Cash as identified herein is hereby acknowledged as being received this date. Dated:__________________________________ CLERK, U.S. BANKRUPTCY COURT By: __________________________________ Deputy Clerk” (c) Service of order. Counsel obtaining an order as described in subsection (a) of this rule shall cause a copy of the order to be served personally upon the clerk, or financial administrator deputy in Las Vegas, or the deputy in charge in the Reno divisional office. A supervisory deputy clerk may accept service on behalf of the clerk, financial administrator in Las Vegas, or deputy in charge in the Reno divisional office in their absence. (d) Deposit of funds by the clerk after receipt of order. The clerk shall take all reasonable steps to deposit funds into an interest bearing account or instruments within, but not more than, fifteen (15) days after service of the order as provided by subsection (c) of this rule. Notwithstand­ing the provisions of subsection (a) of this rule, in the event counsel should fail to submit an order as required, the clerk is authorized to deposit funds to be held in the Registry Account in an interest bearing account in the Court Registry Investment System (CRIS) pursuant to subsection (a) of this rule. (e) Verification of deposit by moving party of investment of funds. It shall be the responsibility of any party or parties obtaining an order directing investment of funds by the clerk to verify with the clerk that the funds have been deposited and/or invested as ordered. Such verification shall be completed within fifteen (15) days after service of the order as provided by subsection (c) of this rule. (f) Failure of compliance. Failure of the party or parties to personally serve: (i) the clerk or financial administrator deputy in Las Vegas; (ii) the deputy in charge of the Reno divisional office; or (iii) in their absence a supervisory deputy clerk, with a copy of the order or failure to verify investment of the funds, shall release the clerk from any liability for the loss of earned interest on such funds. (g) Moving party’s responsibility of disposition of funds at maturity. (1) It shall be the responsibility of counsel to notice the clerk regarding disposition of funds at maturity of a timed instrument. In the absence of the notice, funds invested in a timed instrument subject to renewal will be reinvested for a like period of time at the prevailing rate of interest. Funds invested in a timed instrument not subject to renewal will be redeposited by the clerk into an interest bearing account in the Court Registry Investment System (CRIS) pursuant to subsection (a) of this rule. (2) Service of notice by counsel as required by subsection (g)(1) of this rule shall be made in accordance with the requirements as provided by subsection (c) of this rule, and must be made no later than fifteen (15) days prior to maturity. (h) Change in terms/conditions of an investment held in the Registry Account. Any change in terms or conditions of an investment shall be by court order only and counsel will be required to comply with subsections (a), (b), and (c) of this rule. (i) Withdrawal of funds on deposit held in the Registry Account. (1) No funds shall be withdrawn from the Registry Account and released by the clerk except by order of the court pursuant to 28 U.S.C. § 2042. All orders submitted to the clerk for withdrawal and release of registry account funds will be accompanied by affidavit of counsel setting forth facts indicating the order approving withdrawal and release of registry account funds is nonappealable, or subject to any similar appeal process. (2) The clerk is authorized to withdraw funds from the Registry Account without delay: (A) Solely upon presentation of a fully executed court order specifically waiving the period of appeal and stating withdrawal and release of funds is to be made immediately, or by a date certain. In the event the order does not state the appeal waiver, or a date certain for withdrawal of funds from the Registry Account, the clerk is authorized to make withdrawal and release of such funds either upon the expiration of ten (10) business days pending time for appeal, or upon an appeal being determined final and nonappealable; or (B) Without further order pursuant to the delegated authority of LR 5075(a)(2)(W) wherein the clerk may assess, deduct and withdraw a fee from the Registry Account of the court. (3) If the order submitted does not conform to the provisions of subsections (a) and (b) of this rule, and is not served pursuant to subsection (c) of this rule, there shall be no liability on the clerk as the result of payment on a certain date should the interest be reduced or the principal invaded. LR 8001. NOTICE OF APPEAL; ELECTION TO HAVE APPEAL HEARD BY DISTRICT COURT INSTEAD OF BANKRUPTCY APPELLATE PANEL. (a) Order Being Appealed. The appellant shall attach to the notice of appeal filed in bankruptcy court a copy of the entered judgment, order or decree from which the appeal was taken. (b) Bankruptcy Appellate Panel. Pursuant to 28 U.S.C. § 158(b)(6), this court hereby authorizes a Bankruptcy Appellate Panel to hear and determine appeals from judgments, orders and decrees entered by bankruptcy judges from this district, subject to the limitations set forth in subsections (b) and (c) of this rule. (1) The Bankruptcy Appellate Panel may hear and determine only those appeals in which there has not been timely filed a “statement of election to have appeal heard by district court instead of Bankruptcy Appellate Panel” pursuant to the provisions of 28 U.S.C. § 158(c)(1) and Fed. R. Bank. P. 8001(e). (2) The Bankruptcy Appellate Panel may hear and determine appeals from final judgments, orders and decrees entered by bankruptcy judges and, with leave of the Bankruptcy Appellate Panel, appeals from interlocutory orders and decrees entered by bankruptcy judges. (3) The Bankruptcy Appellate Panel may hear and determine appeals from judgments, orders and decrees entered by bankruptcy judges after July 10, 1984, and appeals transferred to the district court from the previous Ninth Circuit Bankruptcy Appellate Panel by Section 115(b) of The Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. No. 98-353. The Bankruptcy Appellate Panel may not hear or determine appeals from judgments, orders and decrees entered by bankruptcy judges between December 25, 1982, and July 10, 1984, under the Emergency Bankruptcy Rule of this district. (c) Time for election. (1) When a notice of appeal is filed with the clerk of the bankruptcy court, the appeal shall be referred to the Bankruptcy Appellate Panel, unless the appellant files at the time of filing the appeal a statement of election under 28 U.S.C. § 158(c)(1) in a separate writing pursuant to Fed. R. Bank. P. 8001(e) that the appeal be heard by the district court. All parties to the appeal shall be notified of the filing and reference within the time and in the manner provided for in LR 8004. (2) Unless a party to the appeal files a statement of election under 28 U.S.C. § 158(c)(1) in a separate writing pursuant to Fed. R. Bank. P. 8001(e) that the appeal be heard by the district court with the clerk of the Bankruptcy Appellate Panel not later than thirty (30) days after service of the notice of appeal, the appeal will be heard by the Bankruptcy Appellate Panel. LR 8004. SERVICE OF NOTICE OF APPEAL. (a) Service. Not later than three (3) days after the filing of a notice of appeal, the clerk of the bankruptcy court shall serve upon all parties to the appeal a copy of the notice of appeal. A copy of the notice of appeal shall also be transmitted to the clerk of the Bankruptcy Appellate Panel, unless the appellant has filed a “statement of election to have the appeal heard by the district court instead of the Bankruptcy Appellate Panel” under 28 U.S.C. § 158(c)(1) and Fed. R. Bank. P. 8001(e). (b) Notification of Bankruptcy Appellate Panel procedures. Upon receipt of the notice of appeal, the clerk of the Bankruptcy Appellate Panel shall, as directed by order of the Ninth Circuit Court of Appeals, notify the parties of the procedures and requirements relating to practice before the Bankruptcy Appellate Panel. LR 8006. DESIGNATION OF RECORD - APPEAL.

Vegas Law