Haw. R. App. P. 54

As amended through June 28, 2024
Rule 54 - Notice of Bankruptcy Filing; Relief From or Termination of Stay of Proceedings by Federal District or Bankruptcy Court
(a)Notice of appeal; record on appeal; briefing. Whenever a federal district or bankruptcy court terminates or otherwise grants relief from a stay of proceedings that has been entered with respect to a civil case in which an appeal is permitted by law and no notice of appeal has been filed, the provisions of Rule 4 of these Rules shall apply as if the date of termination of, or other grant of relief from, the stay was the date of entry of the judgment appealed from; if a notice of appeal has been filed but the record not yet docketed, provisions of Rules 10, 11, and 12 of these Rules shall apply as if the date of termination of, or other grant of relief from, the stay was the date of filing the notice of appeal; if the record has been filed and briefing has not been completed, the provisions of Rules 28, 29, and 30 of these Rules shall apply as if the date of termination of, or other grant of relief from, the stay was the date of the filing of the last appropriate document.
(b)Notice. If any party has knowledge of a bankruptcy action that stays an appeal, including when a party files for bankruptcy while an appeal is pending, the party with knowledge shall immediately file a notice of bankruptcy with the appellate court. The notice shall include the name of the federal district or bankruptcy court, the case number of the bankruptcy filing, and the date of its initiation. On the termination of, or other grant of relief by the federal district or bankruptcy court from, a stay of proceedings pending in the Hawai'i appellate courts, each party with such knowledge shall file a notification thereof with the appellate court within 7 days.
(c)Appellate court action during pendency. The state appellate court shall not consider motions or requests for relief during the pendency of a bankruptcy. Parties claiming that a bankruptcy stay is not in effect shall file in the state appellate court a certified copy of the order of the federal district or bankruptcy court confirming the absence of a stay, or vacating or modifying the stay or otherwise granting permission for the state case to proceed.

Haw. R. App. P. 54

Added December 6, 1999, effective 1/1/2000; further amended August 30, 2010, effective 9/27/2010; amended October 23, 2018, effective 1/1/2019; amended March 1, 2019, effective 7/1/2019.