(a) Briefs. Unless the district court or the bankruptcy appellate panel by local rule or by order excuses the filing of briefs or specifies different time limits:
(1) The appellant shall serve and file a brief within 14 days after entry of the appeal on the docket pursuant to Rule 8007.
(2) The appellee shall serve and file a brief within 14 days after service of the brief of appellant. If the appellee has filed a cross appeal, the brief of the appellee shall contain the issues and argument pertinent to the cross appeal, denominated as such, and the response to the brief of the appellant.
(3) The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee, and if the appellee has cross-appealed, the appellee may file and serve a reply brief to the response of the appellant to the issues presented in the cross appeal within 14 days after service of the reply brief of the appellant. No further briefs may be filed except with leave of the district court or the bankruptcy appellate panel.
(b) Appendix to Brief. If the appeal is to a bankruptcy appellate panel, the appellant shall serve and file with the appellant’s brief excerpts of the record as an appendix, which shall include the following:
(1) The complaint and answer or other equivalent pleadings;
(2) Any pretrial order;
(3) The judgment, order, or decree from which the appeal is taken;
(4) Any other orders relevant to the appeal;
(5) The opinion, findings of fact, or conclusions of law filed or delivered orally by the court and citations of the opinion if published;
(6) Any motion and response on which the court rendered decision;
(7) The notice of appeal;
(8) The relevant entries in the bankruptcy docket; and
(9) The transcript or portion thereof, if so required by a rule of the bankruptcy appellate panel. An appellee may also serve and file an appendix which contains material required to be included by the appellant but omitted by appellant.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Mar. 26, 2009, eff. Dec. 1, 2009.)
added in current removed in current
Compared to current version (2025).
(a) Briefs. Unless the district court or the bankruptcy appellate panel by local rule or by order excuses the filing of briefs or specifies different time limits:Designating the Record on Appeal; Statement of the Is - sues ; Content of the Record.
(1) Appellant’s Designation and Statement of the Issues. The appellant must:
(A) file with the bankruptcy clerk a designation of the items to be included in the record on appeal and a statement of the issues to be presented; and
(B) file and serve the designation and statement on the appellee within 14 days after: • the notice of appeal as of right has become effective under Rule 8002; or • an order granting leave to appeal has been entered. Premature service is treated as service on the first day on which filing is timely.
(12) The appellant shall serve and file a brief within 14 days after entry of the appeal on the docket pursuant to Rule 8007Appellee’s and Cross-Appellant’s Designation and Statement of the Issues.
(A) Appellee. Within 14 days after being served, the appellee may file with the bankruptcy clerk and serve on the appellant a designation of additional items to be included in the record.
(2B) The appellee shall serve and file a brief within 14 days after serviceCross-Appellant. An appellee who files a cross-appeal must file and serve a designation of additional items to be included in the record and a statement of the issues to be presented ofn the brief of appellant. If the appellee has filed across-appeal.
(3) Cross-Appellee’s Designation. Within 14 days after the cross-appellant’s designation and statement have been served, the cross -appeal, the briefllee may file with the bankruptcy clerk and serve ofn the appellee shall contain the issues and argument pertinent to the cross appeal, denominated as such, and the response to the brief of the appellantcross-appellant a designation of additional items to be included in the record.
(4) Record on Appeal. The record on appeal must include: • the docket entries kept by the bankruptcy clerk; • items designated by the parties; • the notice of appeal; • the judgment, order, or decree being appealed; • any order granting leave to appeal; • any certification required for a direct appeal to the court of appeals; • any opinion, findings of fact and conclusions of law relating to the issues on appeal, including transcripts of all oral rulings; • any transcript ordered under (b); • any statement required by (c); and • any other items from the record that the court where the appeal is pending orders to be included.
(35) The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee, and if the appellee has cCopies for the Bankruptcy Clerk. If paper copies are needed and the bankruptcy clerk requests copies of designated items, the party filing the designation must provide them. If the party fails to do so, the bankruptcy clerk must prepare them at that party’s expense.
(b) Transcript of Proceedings.
(1) Appellant’s Duty to Order. Within the period prescribed by (a)(1), the appellant must:
(A) order in writing from the reporter, as defined in Rule 8010(a)(1), a transcript of such parts of the proceedings not already on file as the appellant considers necessary for the appeal, and file a copy of the order with the bankruptcy clerk; or
(B) file with the bankruptcy clerk a certificate stating that the appellant is not ordering a transcript.
(2) Appellee’s Duty to Order as a Cross-aAppealed,llant. Within 14 days after the appellee mayant has filed and serve a reply brief to the response of the appellant to the issues presented in copy of the transcript order-or a certificate stating that the appellant is not ordering a transcript-the appellee as cross-appellant must:
(A) order in writing from the reporter a transcript of such additional parts of the proceedings as the cross-appellant considers necessary for the appeal, and file a copy of the order with the bankruptcy clerk; or
(B) file with the bankruptcy clerk a certificate stating that the cross -appeal within 14 days after service of the reply brief of the appellant. No further briefs may be filed except with leave of the district court or the bankruptcy appellate panelllant is not ordering a transcript.
(3) Appellee’s or Cross-Appellee’s Right to Order. Within 14 days after the appellant or cross-appellant has filed a copy of a transcript order-or a certificate stating that the appellant or cross-appellant is not ordering a transcript-the appellee or cross-appellee:
(A) may order in writing from the reporter a transcript of any additional parts of the proceeding that the appellee or cross-appellee considers necessary for the appeal; and
(B) must file a copy of the order with the bankruptcy clerk.
(4) Payment. At the time of ordering, a party must make satisfactory arrangements with the reporter to pay for the transcript.
(b5) Appendix to Brief. If the appeal is to a bankruptcy appellate panel, the appellant shall serve andUnsupported Finding or Conclusion. If the appellant intends to argue on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant must include in the record a transcript of all relevant testimony and a copy of all relevant exhibits.
(c) When a Transcript Is Unavailable.
(1) Statement of the Evidence. If a transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant’s recollection. The statement must be filed with the appellain the time prescribed by (a)(1) and served on the appellee.
(2) Appellee’s Response. The appellee may serve objections or proposed amendment’s brief excerpts of the record aswithin 14 days after being served.
(3) Court Approval. The statement and any objections or proposed amendments must then be submitted to the bankruptcy court for settlement and approval. As settled and appendix, which shall include the following:
(1) The complaint and answer or other equivalent pleadings;
(2) Any pretrial order;
(3) The judgment, order, or decree from which the appeal is taken;roved, the statement must be included by the bankruptcy clerk in the record on appeal.
(d) Agreed Statement as the Record on Appeal.
(1) Agreed Statement. Instead of the record on appeal as defined in (a), the parties may prepare, sign, and submit to the bankruptcy court a statement of the case showing how the issues presented by the appeal arose and were decided in the bankruptcy court.
(2) Content. The statement must set forth only those facts alleged and proved or sought to be proved that are essential to the court’s resolution of the issues. If the statement is accurate, it-together with any additions that the bankruptcy court considers necessary to a full presentation of the issues on appeal-must be:
(A) approved by the bankruptcy court; and
(B) certified to the court where the appeal is pending as the record on appeal.
(43) Any other orders relevant to the appeal;
(5) The opinion, findings of fact, or conclusions of law filed or delivered orally by the court and citations of the opinion if published;Time to Send the Agreed Statement to the Appellate Court. The bankruptcy clerk must then send the agreed statement to the clerk of the court where the appeal is pending within the time provided by Rule 8010. A copy may be filed in place of the appendix required by Rule 8018(b) or, in the case of a direct appeal to the court of appeals, by Fed. R. App. P. 30.
(e) Correcting or Modifying the Record.
(1) Differences About Accuracy; Improper Designations. If any difference arises about whether the record accurately discloses what occurred in the bankruptcy court, the difference must be submitted to and settled by the bankruptcy court and the record conformed accordingly. If an item has been improperly designated as part of the record on appeal, a party may move to strike that item.
(62) Any motOmissions and response on which the court rendered decision;
(7) The notice of appeal;Misstatements. If anything material to either party is omitted from or misstated in the record by error or accident, the omission or misstatement may be corrected, and a supplemental record may be certified and sent:
(8A) The relevant entries in the bankruptcy docket; andon stipulation of the parties;
(B) by the bankruptcy court before or after the record has been sent; or
(9C) The transcript or portion thereof, if so required by a rule of the bankruptcy appellate panel. An appellee may also serve andby the court where the appeal is pending.
(3) Remaining Questions. All other questions about the form and content of the record must be presented to the court where the appeal is pending.
(f) Sealed Documents.
(1) In General. A document placed under seal by the bankruptcy court may be designated as a part of the record on appeal. But a document so designated:
(A) must be identified without revealing confidential or secret information; and
(B) may be sent only as (2) prescribes.
(2) When to Send a Sealed Document. To have a sealed document sent as part of the record, a party must file ain appendix which contains material required to be included by the appellant but omitted by appellant.
(As amenthe court where the appeal is pending a motion to accept the document under seal. If the motion is granted, the movant must notify the bankruptcy court, and the bankruptcy clerk must promptly send the sealed document to the clerk of the court where the appeal is pending.
(g) Duty to Assist the Bankruptcy Clerk. All parties to an appeal must take any other action needed to enable the bankruptcy clerk to assemble and send the record. (Added MaApr. 30, 198725, 2014, eff. AugDec. 1, 1987; Ma2014; amended Apr. 26, 200924, eff. Dec. 1, 200924.)