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Bankruptcy Rule 8010 is designed to assure that the district court is fully advised as to the contentions of the party on appeal from the bankruptcy court. Rule 8010 requires that all appellate briefs filed in the district court contain a statement of the issues presented, and requires that the argument section of the appellant's brief 'shall contain the contentions of the appellant....' Fed. R. Bankr.P. 8010(a)(1)(C),(E).
This rule was modeled after Rule 28 of the Federal Rules of Appellate Procedure, see Fed. R. Bankr.P. 8010, advisory committee notes, and, like Rule 28, 'is not only a technical or aesthetic provision, but also has a substantive function--that of providing the other parties and the court with some indication of which flaws in the appealed order or decision motivate the appeal.' In the Matter of Gulph Woods Corp., 189 B.R. 320, 323 (E.D.Pa.1995) (looking to cases interpreting Rule 28 for guidance in interpreting Rule 8010). See also In re Suncoast Airlines, Inc., 188 B.R. 56, 58 n. 2 (S.D.Fla.1994) (same). Thus, a district court may, in its discretion, deem an argument waived if it is not presented in accordance with Rule 8010. See In re ...
