(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 rules.
(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) 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) 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 motion.
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(B) The record on appeal.
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(ii)
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(C) Forwarding the record.
(i) 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) 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.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1, 1998.)
added in current removed in current
Compared to current version (2025).
(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 rules.
(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)(1) 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, but with therse are 3 excepqualifications:
(A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(bc), 13-20, 22-23, and 24(b) do not apply;
(B) the reference in Rule 3(c) to ‘‘Forms 1A and 1B 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.’’; and
(D) in Rule 12.1, ‘‘district court’’ includes a bankruptcy court or bankruptcy appellate panel.
(2) Additional Rules. In addition to the rules made applicable by Rule 6(b)(1), the following rules apply:
(A) Motion for rRehearing.
(i) 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) A party intending to challenge an altered or amended judgment, order, or decree must file a notice of appeal or amended notice of appealThe notice or amended notice must be filed 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 motion.
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(B) The rRecord on aAppeal.
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(ii)
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(C) ForwardMaking the rRecord.
(i) Unless directed to do so by a party or the circuit clerk Available.
(i) If the clerk makes the record available in paper form, 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, unless directed to do so by a party or the circuit clerk. If unusually bulky or heavy exhibits are to be made available in paper form, a party must arrange with the clerks in advance for their transportation and receipt.
(ii) TWhen the record is made available in paper form, the court of appeals may provide by rule or order that a certified copy of the docket entries be sentmade available in place of the redesignated record, b. But any party may request at any time during the pendency of the appeal that the redesignated record be sentmade available.
(D) Filing the rRecord. Upon receiving the record-or a certified copWhen the district clerk or bankruptcy-appellate-panel clerk has made the record available, the circuit clerk must note that fact on the docket. The date noted on the docket serves as the filing date of the record. The circuit clerk must immediately notify all parties of the filing date.
(c) Direct Review by Permission Under 28 U.S.C. § 158(d)(2).
(1) Applicability of Othe docket entries sent in place of the redesignated record-the circuit clerk must file it and immediately notify all parties of the filing dater Rules. These rules apply to a direct appeal by permission under 28 U.S.C. § 158(d)(2), but with these qualifications:
(A) Rules 3-4, 5(a)(3), 6(a), 6(b), 8(a), 8(c), 9-12, 13-20, 22-23, and 24(b) do not apply;
(B) as used in any applicable rule, ‘‘district court’’ or ‘‘district clerk’’ includes-to the extent appropriate-a bankruptcy court or bankruptcy appellate panel or its clerk; and
(C) the reference to ‘‘Rules 11 and 12(c)’’ in Rule 5(d)(3) must be read as a reference to Rules 6(c)(2)(B) and (C).
(2) Additional Rules. In addition, the following rules apply:
(A) The Record on Appeal. Bankruptcy Rule 8009 governs the record on appeal.
(B) Making the Record Available. Bankruptcy Rule 8010 governs completing the record and making it available.
(C) Stays Pending Appeal. Bankruptcy Rule 8007 applies to stays pending appeal.
(D) Duties of the Circuit Clerk. When the bankruptcy clerk has made the record available, the circuit clerk must note that fact on the docket. The date noted on the docket serves as the filing date of the record. The circuit clerk must immediately notify all parties of the filing date.
(E) Filing a Representation Statement. Unless the court of appeals designates another time, within 14 days after entry of the order granting permission to appeal, the attorney who sought permission must file a statement with the circuit clerk naming the parties that the attorney represents on appeal.
(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 14, 2021, eff. Dec. 1, 2021.)