Statutory text
11 U.S.C. App. (FEDERAL RULES OF BANKRUPTCY PROCEDURE) Rule 8026
(a) Local Rules. (1) Making and Amending Local Rules. (A) BAP Local Rules . A circuit council that has authorized a BAP under 28 U.S.C. § 158(b) may make and amend local rules governing the practice and procedure on appeal to the BAP from a bankruptcy court’s judgment, order, or decree. (B) District-Court Local Rules . A district court may make and amend local rules governing the practice and procedure on appeal to the district court from a bankruptcy court’s judgment, order, or decree. (C) Procedure . Fed. R. Civ.
P. 83 governs the procedure for making and amending local rules. A local rule must be consistent with—but not duplicate—an Act of Congress and these Part VIII rules. (2) Numbering . Local rules must conform to any uniform numbering system prescribed by the Judicial Conference of the United States. (3) Limitation on Enforcing a Local Rule Relating to Form . A local rule imposing a requirement of form must not be enforced in a way that causes a party to lose any right because of a nonwillful failure to comply.
(b) Procedure When There Is No Controlling Law . A judge may regulate practice in any manner consistent with federal law, these rules, the Official Forms, and the district’s local rules. For any requirement set out elsewhere, a sanction or other disadvantage may be imposed for noncompliance only if the alleged violator was given actual notice of the requirement in the particular case.
