(a) Fourteen -Day Period. The notice of appeal shall be filed with the clerk within 14 days of the date of the entry of the judgment, order, or decree appealed from. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days of the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this rule, whichever period last expires. A notice of appeal filed after the announcement of a decision or order but before entry of the judgment, order, or decree shall be treated as filed after such entry and on the day thereof. If a notice of appeal is mistakenly filed with the district court or the bankruptcy appellate panel, the clerk of the district court or the clerk of the bankruptcy appellate panel shall note thereon the date on which it was received and transmit it to the clerk and it shall be deemed filed with the clerk on the date so noted.
(b) Effect of Motion on Time for Appeal. If any party makes a timely motion of a type specified immediately below, the time for appeal for all parties runs from the entry of the order disposing of the last such motion outstanding. This provision applies to a timely motion:
(1) to amend or make additional findings of fact under Rule 7052, whether or not granting the motion would alter the judgment;
(2) to alter or amend the judgment under Rule 9023;
(3) for a new trial under Rule 9023; or
(4) for relief under Rule 9024 if the motion is filed no later than 14 days after the entry of judgment. A notice of appeal filed after announcement or entry of the judgment, order, or decree but before disposition of any of the above motions is ineffective to appeal from the judgment, order, or decree, or part thereof, specified in the notice of appeal, until the entry of the order disposing of the last such motion outstanding. Appellate review of an order disposing of any of the above motions requires the party, in compliance with Rule 8001, to amend a previously filed notice of appeal. A party intending to challenge an alteration or amendment of the judgment, order, or decree shall file a notice, or an amended notice, of appeal within the time prescribed by this Rule 8002 measured from the entry of the order disposing of the last such motion outstanding. No additional fees will be required for filing an amended notice.
(c) Extension of Time for Appeal.
(1) The bankruptcy judge may extend the time for filing the notice of appeal by any party, unless the judgment, order, or decree appealed from:
(A) grants relief from an automatic stay under § 362, § 922, § 1201, or § 1301;
(B) authorizes the sale or lease of property or the use of cash collateral under § 363;
(C) authorizes the obtaining of credit under § 364;
(D) authorizes the assumption or assignment of an executory contract or unexpired lease under § 365;
(E) approves a disclosure statement under § 1125; or
(F) confirms a plan under § 943, § 1129, § 1225, or § 1325 of the Code.
(2) A request to extend the time for filing a notice of appeal must be made by written motion filed before the time for filing a notice of appeal has expired, except that such a motion filed not later than 21 days after the expiration of the time for filing a notice of appeal may be granted upon a showing of excusable neglect. An extension of time for filing a notice of appeal may not exceed 21 days from the expiration of the time for filing a notice of appeal otherwise prescribed by this rule or 14 days from the date of entry of the order granting the motion, whichever is later.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 29, 1994, eff. Aug. 1, 1994; Apr. 11, 1997, eff. Dec. 1, 1997; Mar. 26, 2009, eff. Dec. 1, 2009.)
added in current removed in current
Compared to current version (2025).
(a) Fourteen -Day Period. TheIn General.
(1) Time to File. Except as (b) and (c) provide otherwise, a notice of appeal shallmust be filed with the bankruptcy clerk within 14 days of the date of the entry of the judgment, order, or decree appealed from. If a timely notice of appeal is filed by a partyafter the judgment, order, or decree to be appealed is entered.
(2) Filing Before the Entry of Judgment. A notice of appeal filed after the bankruptcy court announces a decision or order-but before entry of the judgment, order, or decree-is treated as filed on the date of and after the entry.
(3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days ofafter the date on whichwhen the first notice of appeal was filed, or within the time otherwise prescriballowed by this rule, -whichever period last expires. A notice of appeal filed after the announcement of a decision or order but before entry of the judgment, order, or decree shall be treated as filed after such entry anis later.
(4) Mistaken Filing in Another Court. If a notice of appeal is mistakenly filed in a district court, BAP, or court of appeals, that court’s clerk must note on it the date when it was received and send it to the bankruptcy clerk. The notice is then considered filed in the bankruptcy court on the date noted.
(5) Entry Defined.
(A) In General. A judgment, order, or decree is entered for purposes of this subdivision (a):
(i) when it is entered oin the day thereof. If a notice of appeal is mistakenly filed with the district court or the bankruptcy appellate panel, the clocket under Rule 5003(a); or
(ii) if Rule 7058 applies and Fed. R. Civ. P. 58(a) requires a separate document, when the judgment, order, or decree is entered in the docket under Rule 5003(a) and when the earlierk of the district court or the clerk of the bankruptcy appellate panel shall note thereon the date on which it was received and transmit it to the clerk and it shall be deemed filed with the clerk on the date so notedse events occurs: • the judgment, order, or decree is set out in a separate document; or • 150 days have run from entry of the judgment, order, or decree in the docket under Rule 5003(a).
(B) Failure to Use a Separate Document. A failure to set out a judgment, order, or decree in a separate document when required by Fed. R. Civ. P. 58(a) does not affect the validity of an appeal from that judgment, order, or decree.
(b) Effect of a Motion on the Time forto Appeal.
(1) In General. If any party makes a timely motion of a type specified immediately below, the time forfiles in the bankruptcy court any of the following motions-and does so within the time allowed by these rules-the time to file an appeal runs for all parties runs from the entry of the order disposing of the last such motion outstanding. This provision applies to a timelyremaining motion:
(1A) to amend or make additional findings of fact under Rule 7052, whether or not granting the motion would alter the judgment;
(2B) to alter or amend the judgment under Rule 9023;
(3C) for a new trial under Rule 9023; or
(4D) for relief under Rule 9024 if the motion is filed no later withain 14 days after the entry of judgment. Ajudgment is entered.
(2) Notice of Appeal Filed Before a Motion Is Decided. If a party files a notice of appeal filed afterafter the court announcements or entry of theers a judgment, order, or decree -but before it disposition of any of the abovees of any motion listed in (1)-the notice becomes effective when the order disposing of the last such remaining motions is ineffective to appeal from the judgment, order, or decree, or part thereof, specified in the notice of appeal, until the entry of the order disposing of the last such motion outstanding. Appellate review of an order disposing of any of the above motions requires the party, in compliance with Rule 8001, to amend a previouslyentered.
(3) Appealing a Ruling on a Motion. A party intending to challenge an order disposing of a motion listed in (1)-or an alteration or amendment of a judgment, order, or decree made by a decision on the motion-must file a notice of appeal or an amended notice of appeal. It must:
(A) comply with Rule 8003 or 8004; and
(B) be filed within the time allowed by this rule, measured from the entry of the order disposing of the last such remaining motion.
(4) No Additional Fee for an Amended Notice. No additional fee is required to file an amended notice of appeal.
(c) Appeal by an Inmate Confined in an Institution.
(1) In General. If an institution has a system designed for legal mail, an inmate confined there must use that system to receive the benefit of this paragraph (1). If an inmate fileds a notice of appeal. A party intend from a bankruptcy court’s judgment, order, or decree, the notice is timely if it is deposited ing to challenge an alteration or amendment of the judgment, order, or decree shall file a notice, or an amended notice, of appeal withinhe institution’s internal mail system on or before the last day for filing and:
(A) it is accompanied by:
(i) a declaration in compliance with 28 U.S.C. § 1746- or a notarized statement-setting out the date of deposit and stating that first-class postage is being prepaid; or
(ii) evidence (such as a postmark or date stamp) showing that the notimce prescribed by this Rule 8002 measured from the entry of the order disposing of the last such motion outstanding. No additional fees will be required for filing an amendedwas so deposited and that postage was prepaid; or
(B) the appellate court exercises its discretion to permit the later filing of a declaration or notarized statement that satisfies (A)(i).
(2) Multiple Appeals. If an inmate files under this subdivision (c) the first notice of appeal, the 14-day period provided in (a)(3) for another party to file a notice of appeal runs from the date when the bankruptcy clerk dockets the first notice.
(cd) Extension of Time for Appeal.
(1) The bankruptcy judge mayding the Time to File a Notice of Appeal.
(1) When the Time May Be Extended. Except as (2) provides otherwise, the bankruptcy court may, on motion, extend the time forto filing thee a notice of appeal by any party, unlessif the motion is filed:
(A) within the time allowed by this rule; or
(B) within 21 days after that time expires if the party shows excusable neglect.
(2) When the Time Must Not Be Extended. The bankruptcy court must not extend the time to file the notice if the judgment, order, or decree being appealed from:
(A) grants relief from an automatic stay under § 362, § 922, § 1201, or § 1301;
(B) authorizes the sale or lease of property or the use of cash collateral under § 363;
(C) authorizes the obtaining of credit under § 364;
(D) authorizes the assumptioning or assignment ofing an executory contract or unexpired lease under § 365;
(E) approves a disclosure statement under § 1125; or
(F) confirms a plan under § 943, § 1129, § 1225, or § 1325 of the Code.
(23) A request to extend the time for filing a notice of appeal must be made by written motion filed before the time for filing a notice of appeal has expired, except that such a motion filed not later than 21 days after the expiration of the time for filing a notice of appeal may be granted upon a showing of excusable neglect. An extension of time for filing a notice of appeal may not exceed 21 days from the expiration of the time for filing a notice of appeal otherwise prescribLimit on Extending Time. An extension of time must not exceed 21 days after the time allowed by this rule, or 14 days from the date of entry ofafter the order granting the motion, whichever is later.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991 to extend time is entered-whichever is later. (Added Apr. 25, 2014, eff. AugDec. 1, 1991; Apr. 29, 1994, eff. Aug. 1, 1994; Apr. 11, 19972014; amended Apr. 26, 2018, eff. Dec. 1, 1997; Ma2018; Apr. 26, 200924, eff. Dec. 1, 200924.)