(a) FILINGANOTICEOFAPPEAL.
(1) Time to File. An appeal under 28 U.S.C. §
158(a)(1) or (2)
from a bankruptcy court’s judgment, order, or decree to a dis-
trict court or a BAP may be taken only by filing a notice of
appeal with the bankruptcy clerk within the time allowed by
Rule 8002.
(2) Failure to Take Any Other Step. An appellant’s failure to
take any step other than timely filing a notice of appeal does
not affect the appeal’s validity, but is ground only for the dis-
trict court or BAP to act as it considers appropriate, including
dismissing the appeal.
(3) Content of the Notice of Appeal. A notice of appeal must:
(A) conform substantially to Form 417A;
(B) be accompanied by the judgment—or the appealable
order or decree—from which the appeal is taken; and
(C) be accompanied by the prescribed filing fee.
(4) Merger. The notice of appeal encompasses all orders that,
for purposes of appeal, merge into the identified judgment or
appealable order or decree. It is not necessary to identify
those orders in the notice of appeal.
(5) Final Judgment. The notice of appeal encompasses the
final judgment, whether or not that judgment is set out in a
separate document under Rule 7058, if the notice identifies:
(A) an order that adjudicates all remaining claims and
the rights and liabilities of all remaining parties; or
(B) an order described in Rule 8002(b)(1).
(6) Limited Appeal. An appellant may identify only part of a
judgment or appealable order or decree by expressly stating
that the notice of appeal is so limited. Without such an ex-
press statement, specific identifications do not limit the scope
of the notice of appeal.
(7) Impermissible Ground for Dismissal. An appeal must not be
dismissed for failure to properly identify the judgment or ap-
pealable order or decree if the notice of appeal was filed after
entry of the judgment or appealable order or decree and iden-
tifies an order that merged into that judgment or appealable
order or decree.
(8) Clerk’s Request for Additional Copies of the Notice of Appeal.
On the bankruptcy clerk’s request, the appellant must provide
enough copies of the notice of appeal to enable the clerk to
comply with (c).
(b) JOINTORCONSOLIDATEDAPPEALS.
(1) Joint Notice of Appeal. When two or more parties are enti-
tled to appeal from a bankruptcy court’s judgment, order, or
decree and their interests make joinder practicable, they may
file a joint notice of appeal. They may then proceed on appeal
as a single appellant.
(2) Consolidating Appeals. When parties have separately filed
timely notices of appeal, the district court or BAP may join
or consolidate the appeals.
(c) SERVINGTHENOTICEOFAPPEAL.
(1) Serving Parties; Sending to the United States Trustee. The
bankruptcy clerk must serve the notice of appeal by sending
a copy to 1counsel of record for each party to the appeal—ex-
cluding the appellant’s counsel—and send it to the United
States trustee. If a party is proceeding pro se, the clerk must
send the notice to the party’s last known address. The clerk
must note, on each copy, the date when the notice of appeal
was filed.
(2) Failure to Serve the Notice of Appeal. The bankruptcy
clerk’s failure to serve notice on a party or send notice to the
United States trustee does not affect the appeal’s validity.
(3) Entry of Service on the Docket. The clerk must note on the
docket the names of the parties served and the date and meth-
od of service.
(d) SENDING THE NOTICE OF APPEAL TO THE DISTRICT COURT OR
BAP; DOCKETINGTHEAPPEAL.
(1) Where to Send the Notice of Appeal. If a BAP has been es-
tablished to hear appeals from that district—and an appellant
has not elected to have the appeal heard in the district court—
the bankruptcy clerk must promptly send the notice of appeal
to the BAP clerk. Otherwise, the bankruptcy clerk must
promptly send it to the district clerk.
(2) Docketing the Appeal. Upon receiving the notice of appeal,
the district or BAP clerk must:
(A) docket the appeal under the title of the bankruptcy
case and the title of any adversary proceeding; and
(B) identify the appellant, adding the appellant’s name if
necessary.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 24, 2023, eff.
Dec. 1, 2023; Apr. 2, 2024, eff. Dec. 1, 2024.)