HERBERT A. ROSS
U.S. Bankruptcy Judge

      This matter concerns the correct docketing of a judgment so it is "final" and appeal deadlines start to run. Though the topic is mundane, it may strike terror in the hearts of malpractice insurance carriers for lawyers and insurers of land titles who have not checked docket entries to see if they comply with F.R.Civ.P. 79(a) when a federal judgment is involved or somewhere in a chain of title (the procedure for entry of a state court judgment is not comparable since Alaska R.Civ.P. 58 and 58.1 govern and, although they have some similarities, they are substantially different from F.R.Civ.P. 58 and 79(a)). There is authority that it is the     1 ABR 403  litigant's duty to police the docket sheet and see that it correctly done. See Fast, Inc. v. Shaner, 181 F.2d 937 (3rd Cir. 1950) (" • • • the primary responsibility rests upon the litigants to see to it that their record is in proper form at all times").

      J. Douglas Williams II, Esq., entered an appearance for the defendants and filed a Motion to Enter Final Judgment on February 25, 1991. Three-and-a-half years earlier, on September 15, 1987, a judgment was filed in this case, and it was docketed on September 17, 1987. The judgment was in favor of the plaintiff-trustee and, under § 549(a) of the Bankruptcy Code, avoided a post-petition quitclaim by the debtor to the Ames Children Trust of real property (Tract F, Jolley Acres Subdivision, Fairbanks Recording District) which debtor had not listed as an asset in her bankruptcy schedules. The docket entry does not give the substance of the judgment, but merely notes that a judgment was entered.

      The defendants' motion argues that the docket entry does not comply with F.R.Civ.P. 79(a) which is incorporated by Bankruptcy Rules 5004(a) and 9021. Rule 79(a) provides:

Rule 79. Books and Records Kept by the Clerk and Entries Therein

      (a) Civil Docket. The clerk shall keep a book known as "civil docket" of such form and style as may be prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States, and shall enter therein each civil action to which these rules are made applicable. Actions shall be assigned consecutive file numbers. The file number of each action shall be noted on the folio of the docket whereon the first entry of the action is made. All papers filed with the     1 ABR 404  clerk, all process issued and returns made thereon, all appearances, orders, verdicts, and judgments shall be entered chronologically in the civil docket on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. When in an action trial by jury has been properly demanded or ordered the clerk shall enter the work "jury" on the folio assigned to that action. [emphasis added]

      In a case arising during Alaska Territorial days, the Ninth Circuit said in Reynolds v. Wade, 241 F.2d 208, 210 (9th Cir. 1956):

The two pertinent entries nakedly say:

'Mar. 26 Opinion filed.

'April 23 Judgment filed and entered.'

      We must now hold that there is no judgment whatsoever yet. Rule 58, Fed.Rules Civ.Proc. 28 U.S.C.A. inter alia, says: '• • • The notation of a judgment in the civil docket as provided by Rule 79(a) constitutes the entry of the judgment; and the judgment is not effective before such entry. • • •'

      Rule 79(a) as to the civil docket recites that judgments shall be noted therein and specially says: '• • • These notations shall be brief but shall show • • • the substance of each order or judgment of the court • • • ' We do not reach here the question of how poor an entry can be and still be a judgment. A docket entry that doesn't even say who won, surely cannot qualify. The substance of a judgment just is not in this docket. United States v. Cooke, 9 Cir., 215 F.2d 528, is apposite, but the facts here are really more like the situation where the clerk has written nothing. No doubt, in entering the substance of some long judgments, considerable skill is required to keep within the sidelines of 'brief' and 'substance.' 'Substance' is mandatory in the docket. Brevity may     1 ABR 405  be directory. The latter we do not decide. But in this case there was only simple disposition to be made. This never reached the docket.

      In re Selma Pressure Treating Co., Inc., 23 B.R. 778 (9th Cir. BAP 1982) held that an entry showing the date, the docket number, and stating "Filed Judgment" and "Certificate of Mailing" was not a sufficient notation on the docket. The court said at 779:

      Bankruptcy Rules 921 and 504 [predecessors of 9021 and 5003] track Rules 58 and 79 of the Fed.R.Civ.Pro. As to entry of judgment the Bankruptcy Court's procedure is essentially the same as that of the District Court.

The time of the signature of a final decree by the judge and receipt by the clerk, even though the clerk marks it "filed" as of that time and it is properly set forth on a separate document, does not constitute the date of the entry of judgment. This latter date is when the clerk makes the proper notation in the civil docket as contemplated by Rules 58 and 79(a).

6A Moore's Federal Practice 58-74. See also Neely v. Merchants Trust Co. of Red Bank, (CCA 3d, 1940) 110 F.2d 525, Cert. denied 311 U.S. 705, 730, 61 S.Ct. 171, 391, 85 L.Ed. 457.

      Moore, supra, at page 58-72 offers an example of proper entry of judgment:

Sept. 16, 1938, 10 A.M. judgment for plaintiff for $10,000 and costs entered.

      We conclude that the notation "Filed Judgment" without more, particularly without the date the clerk entered the notation on the docket, is not sufficient to constitute entry as required by Bankruptcy Rule 921 and the notation "Certificate of Mailing" without more does not comply with the requirement of Bankruptcy Rule 922 that service of notice of entry of judgment be entered in the docket.

      A copy of the docket sheet in this adversary proceeding with some of the pertinent entries and with the key entry shaded, shows:

      This court or an appellate court will then have to consider if there are any grounds to find the motion to reconsider, or notice of appeal untimely in light of the long delay, or the fact that a prior appeal has been dismissed, or for any other reason that the plaintiff might raise as possible defenses to the inadequate docket entry of September 17, 1987. None of these issues have been raised or briefed yet.