(a) Appeal From a Judgment, Order, or Decree of a District
Court Exercising Original Jurisdiction in a Bankruptcy Case.
An appeal to a court of appeals from a final judgment, order,
or decree of a district court exercising jurisdiction under 28
U.S.C. § 1334 is taken as any other civil appeal under these
(b) Appeal From a Judgment, Order, or Decree of a District
Court or Bankruptcy Appellate Panel Exercising Appellate
Jurisdiction in a Bankruptcy Case.
(1) Applicability of Other Rules.
These rules apply to an appeal to a court of appeals under
28 U.S.C. § 158(d) from a final judgment, order, or decree
of a district court or bankruptcy appellate panel exercising
appellate jurisdiction under 28 U.S.C. § 158(a) or (b). But
there are 3 exceptions:
(A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(b), 13–20, 22–23,
and 24(b) do not apply;
(B) the reference in Rule 3(c) to “Form 1 in the Appendix
of Forms” must be read as a reference to Form 5; and
(C) when the appeal is from a bankruptcy appellate panel,
the term “district court,” as used in any applicable rule,
means “appellate panel.”
(2) Additional Rules.
In addition to the rules made applicable by Rule 6(b)(1),
the following rules apply:
(A) Motion for rehearing.
(i) If a timely motion for rehearing under Bankruptcy
Rule 8015 is filed, the time to appeal for all parties
runs from the entry of the order disposing of the
motion. A notice of appeal filed after the district
court or bankruptcy appellate panel announces or enters
a judgment, order, or decree—but before disposition of
the motion for rehearing—becomes effective when the
order disposing of the motion for rehearing is entered.
(ii) Appellate review of the order disposing of the
motion requires the party, in compliance with Rules 3(c)
and 6(b)(1)(B), to amend a previously filed notice of
appeal. A party intending to challenge an altered or
amended judgment, order, or decree must file a notice of
appeal or amended notice of appeal within the time
prescribed by Rule 4—excluding Rules 4(a)(4) and 4(b)—
measured from the entry of the order disposing of the
(iii) No additional fee is required to file an amended
(B) The record on appeal.
(i) Within 14 days after filing the notice of appeal,
the appellant must file with the clerk possessing the
record assembled in accordance with Bankruptcy Rule
8006—and serve on the appellee—a statement of the issues
to be presented on appeal and a designation of the
record to be certified and sent to the circuit clerk.
(ii) An appellee who believes that other parts of the
record are necessary must, within 14 days after being
served with the appellant’s designation, file with the
clerk and serve on the appellant a designation of
additional parts to be included.
(iii) The record on appeal consists of:
- the redesignated record as provided above;
- the proceedings in the district court or bankruptcy
appellate panel; and
- a certified copy of the docket entries prepared by the
clerk under Rule 3(d).
(C) Forwarding the record.
(i) When the record is complete, the district clerk or
bankruptcy appellate panel clerk must number the
documents constituting the record and send them promptly
to the circuit clerk together with a list of the
documents correspondingly numbered and reasonably
identified. Unless directed to do so by a party or the
circuit clerk, the clerk will not send to the court of
appeals documents of unusual bulk or weight, physical
exhibits other than documents, or other parts of the
record designated for omission by local rule of the
court of appeals. If the exhibits are unusually bulky or
heavy, a party must arrange with the clerks in advance
for their transportation and receipt.
(ii) All parties must do whatever else is necessary to
enable the clerk to assemble and forward the record. The
court of appeals may provide by rule or order that a
certified copy of the docket entries be sent in place of
the redesignated record, but any party may request at
any time during the pendency of the appeal that the
redesignated record be sent.
(D) Filing the record.
Upon receiving the record—or a certified copy of the
docket entries sent in place of the redesignated
record—the circuit clerk must file it and immediately
notify all parties of the filing date.
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Last modified at 12/16/2009