Rule 8009 — Record on Appeal; Sealed Documents

Fed. R. Bankr. P. 8009

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 8009
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 8009

Text

(a) DESIGNATING THE RECORD ON APPEAL; STATEMENT OF THE IS-
SUES; CONTENTOFTHERECORD.
(1) Appellant’s Designation and Statement of the Issues. The ap-
pellant must:
(A) file with the bankruptcy clerk a designation of the
items to be included in the record on appeal and a state-
ment 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.
(2) Appellee’s and Cross-Appellant’s Designation and Statement
of the Issues.
(A) Appellee. Within 14 days after being served, the appel-
lee may file with the bankruptcy clerk and serve on the
appellant a designation of additional items to be included
in the record.
(B) Cross-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 on the cross-appeal.
(3) Cross-Appellee’s Designation. Within 14 days after the
cross-appellant’s designation and statement have been served,
the cross-appellee may file with the bankruptcy clerk and
serve on the cross-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 re-
lating 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.
(5) Copies 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) TRANSCRIPTOFPROCEEDINGS.
(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-Appellant. Within 14
days after the appellant has filed a copy of the transcript
order—or a certificate stating that the appellant is not order-
ing 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-appel-
lant 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-appellant 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 sat-
isfactory arrangements with the reporter to pay for the tran-
script.
(5) Unsupported Finding or Conclusion. If the appellant in-
tends to argue on appeal that a finding or conclusion is unsup-
ported by the evidence or is contrary to the evidence, the ap-
pellant must include in the record a transcript of all relevant
testimony and a copy of all relevant exhibits.
(c) WHENATRANSCRIPTISUNAVAILABLE.
(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, in-
cluding the appellant’s recollection. The statement must be
filed within the time prescribed by (a)(1) and served on the ap-
pellee.
(2) Appellee’s Response. The appellee may serve objections or
proposed amendments within 14 days after being served.

(3) Court Approval. The statement and any objections or pro-
posed amendments must then be submitted to the bankruptcy
court for settlement and approval. As settled and approved,
the statement must be included by the bankruptcy clerk in
the record on appeal.
(d) AGREEDSTATEMENTASTHERECORDONAPPEAL.
(1) Agreed Statement. Instead of the record on appeal as de-
fined in (a), the parties may prepare, sign, and submit to the
bankruptcy court a statement of the case showing how the is-
sues 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 accu-
rate, 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.
(3) 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 ap-
peal to the court of appeals, by Fed. R. App. P. 30.
(e) CORRECTINGORMODIFYINGTHERECORD.
(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.
(2) Omissions and Misstatements. If anything material to ei-
ther 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:
(A) on stipulation of the parties;
(B) by the bankruptcy court before or after the record
has been sent; or
(C) by 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) SEALEDDOCUMENTS.
(1) In General. A document placed under seal by the bank-
ruptcy court may be designated as a part of the record on ap-
peal. 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 docu-
ment sent as part of the record, a party must file in the 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 prompt-
ly 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 ap-
peal must take any other action needed to enable the bankruptcy
clerk to assemble and send the record.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec.
1, 2024.)