(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 de-
cree 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 Juris-
diction in a Bankruptcy Case.
(1) Applicability of Other Rules. These rules apply to an ap-
peal 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 bank-
ruptcy appellate panel exercising appellate jurisdiction under
28 U.S.C. §
158(a) or (b), but with these qualifications:
(A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(c), 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;
(C) when the appeal is from a bankruptcy appellate
panel, ‘‘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 Rehearing.
(i) If a timely motion for rehearing under Bank-
ruptcy Rule 8022 is filed, the time to appeal for all par-
ties 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) If a party intends to challenge the order dispos-
ing of the motion—or the alteration or amendment of
a judgment, order, or decree upon the motion—then
the party, in compliance with Rules 3(c) and 6(b)(1)(B),
must file a notice of appeal or amended notice of ap-
peal. The notice or amended notice must be filed with-
in 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.
(iii) No additional fee is required to file an amended
notice.
(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
8009—and serve on the appellee—a statement of the is-
sues to be presented on appeal and a designation of the
record to be certified and made available 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 addi-
tional parts to be included.
(iii) The record on appeal consists of:
• the redesignated record as provided above;
• the proceedings in the district court or bank-
ruptcy appellate panel; and
• a certified copy of the docket entries prepared
by the clerk under Rule 3(d).
(C) Making the Record Available.
(i) When the record is complete, the district clerk or
bankruptcy-appellate-panel clerk must number the
documents constituting the record and promptly make
it available to the circuit clerk. If the clerk makes the
record available in paper form, the clerk will not send
documents of unusual bulk or weight, physical exhibits
other than documents, or other parts of the record des-
ignated for omission by local rule of the court of ap-
peals, 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) All parties must do whatever else is necessary to
enable the clerk to assemble the record and make it
available. When 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 made
available 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 made avail-
able.
(D) Filing the Record. When the district clerk or bank-
ruptcy-appellate-panel clerk has made the record avail-
able, 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 Other 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 at-
torney who sought permission must file a statement with
the circuit clerk naming the parties that the attorney rep-
resents on appeal.